Retention of front and side boundary wall and proposed metal railing
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Character & Appearance
Highways & Transport
Inspector’s Reasoning
Appeal Decision
Site visit made on 15 December 2020
by T J Burnham BA (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 23rd December 2020
Appeal Ref: APP/W5780/D/20/3255664
42 Benton Road, Ilford IG1 4AU
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
• The appeal is made by Mr N Sivagnanam against the decision of the Council of the
London Borough of Redbridge.
• The application Ref 0808/20, dated 9 March 2020, was refused by notice dated 16 April
2020.
• The development proposed is the retention of front and side boundary wall and
proposed metal railing.
Decision
1. The appeal is dismissed.
Procedural Matter
2. At the time of my site visit the development had commenced, although the
railings proposed between the brick pillars had not been installed. What was in
place appeared to accord with the plans before me and I have determined the
appeal on this basis.
3. The description of the proposal has been altered from the application form to
the decision notice. However, the original description adequately describes the
proposals and I have determined the appeal on this basis.
Main Issues
4. The main issues are the effect of the proposal on the character and appearance
of the area and highway safety.
Reasons
5. The appeal property sits fronting Benton Road with its side elevation against
Mundon Gardens. The boundary treatment to the front gardens of residential
property, where it exists on this section of Benton Road generally consists of
simple low brick walls or timber fences.
Character and appearance
6. I note that the SPD1 advises that the design of boundary treatments should
reflect the character of the area, and where there is a predominant character
and/or height, proposals should reflect this.
1 Housing Design Supplementary Planning Document (SPD) Adopted September 2019
Appeal Decision APP/W5780/D/20/3255664
2
7. The front and side boundary walls contain a number of brick pillars in excess of
2m in height. They form prominent features within views along the street and
as a result of their height and design they form uncomfortable features which
are significantly at odds with the prevailing front boundary treatment of other
residential property in the area.
8. I conclude therefore that the development detracts from the character and
appearance of the area. The proposal subsequently fails to accord with SPD
guidance and Policy LP26 of the Redbridge Local Plan (2018) (RLP) which
amongst other things promotes high quality design that respects the local
character of the area.
Highway safety
9. While only a snap-shot in time, I was able to observe on my site visit that
Benton Road was reasonably busy with vehicles on a mid-week early afternoon.
By reason of their height, design and positioning, the walls and particularly the
pillars which partially align one behind the other provide a significant
impairment to the visibility of westbound traffic on Benton Road for any driver
exiting Mundon Gardens.
10. This lack of visibility and the limited depth from the Benton Road carriageway
to the wall will have caused drivers to have to creep forwards onto Benton
Road to gain visibility of oncoming traffic. Such occurrences, given the busy
nature of Benton Road will have increased the risk of collisions between
vehicles at this location.
11. I conclude therefore that the development has a detrimental effect on highway
safety. The proposal therefore fails to accord with Policy LP26 of the RLP which
amongst other things states that development that does not take available
opportunities to improve the way an area functions will be refused planning
permission.
Other Matters
12. I note the presence of the tall brick pillars with railings across from the site.
However, while the enclosure, which appears of some age, does incorporate a
degree of decorative flair, its height appears to be borne partly out of a
functional requirement to enclose the apparent electrical apparatus within the
site.
13. I was also able to observe other domestic boundary treatment nearby at the
time of my site visit, which had been brought to my attention. However, this
appeared significantly lesser in scale than that comprising the scheme before
me. These examples do not therefore justify the appeal, and neither does the
indicated previous presence of tall evergreen hedging on the boundaries which
has since been removed.
Conclusion
14. The appeal should therefore be dismissed.
T J Burnham
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.