Provision of two pair automated vehicle access gates with the retention of brick piers and walls
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Character & Appearance
Green Belt Policy
Inspector’s Reasoning
Appeal Decision
Site visit made on 18 December 2020
by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI
an Inspector appointed by the Secretary of State
Decision date: 9th March 2021
Appeal Ref: APP/P5870/D/20/3260264
45 Pine Walk, Carshalton, Surrey SM5 4ES
• 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 Carey against the decision of the Council of the London
Borough of Sutton.
• The application, Ref. DM2020/00884, dated 18 June 2020 was refused by notice dated
13 August 2020.
• The development proposed is the provision of two pair automated vehicle access gates
with the retention of brick piers and walls.
Decision
1. The appeal is dismissed.
Preliminary Matter
2. The application is in part for retrospective permission.
Main Issue
3. The main issue is the effect of the proposal on the character and appearance of
the area, having regard to Pine Walk being designated as an Area of Special
Local Character (‘ASLC’).
Reasons
4. I saw on my visit that Pine Walk is characterised by essentially open frontages
with most of the houses having front boundary low brick walls, some of a metre
or so height but in many cases less than this. This inter-visibility between the
front gardens and the road with its mature tree belt provides a pleasing sense
of openness with a spacious and verdant character.
5. At the appeal property, the brick walls and piers have already been built with a
design that includes the wall at 1.0m height including the horizontal brick
capping; four pillars at 1.2m, and the four gate piers at 1.8m. The black
painted steel gates at a height of 1.1m would be lower in their centres, but rise
to 1.5m at the edges where they are attached to the brick piers.
6. The combination of different wall heights and their curvature and the curved
tops of the gates would together present a boundary somewhat over-detailed in
appearance, at odds with the much more simple and unassuming design of the
entrances to the other front curtilages in Pine Walk. And when this detailing is
read together with the greater height of some elements of the wall and gates
Appeal Decision APP/P5870/D/20/3260264
2
compared to many others in the road, I consider that the Council is correct to
regard the proposal as being somewhat ‘obtrusive and incongruous’.
7. The design and materials are not in themselves unpleasing and would no doubt
be in keeping with their context in some residential areas that are rather more
urban in character. However, in the more informal, low density and green
surroundings of the ASLC, I consider that the proposed boundary treatment
would draw the eye as being a discordant feature at odds with the other
frontages in this part of Pine Walk. As such, it would be detrimental to the
character and appearance of the area. In particular, the degree of enclosure of
the front garden would be an alien feature in the street scene.
8. I have noted the appellant’s statement in which he describes the objectives for
the improvement of the property and the alleged mis-information supplied by a
contractor. However, I must determine the appeal on its particular merits as
proposed and presented in the application.
9. On the security issue, there are other protective measures that can be
employed. And if this concern was to carry significant weight in this appeal and
permission granted, there would be no reasonable basis for resisting similar
proposals that cumulatively would have a significantly adverse effect of the
quality of the ASLC.
10. I have also looked at the appellant’s large number of photographs of other front
boundary schemes in Pine Walk and neighbouring roads that are considered to
set a precedent. There are a couple that arguably have the same harmful
impact as in this case, but the majority do not have the same combination of
features, as referred to in paragraphs 5 & 6 above, which led to the Council’s
refusal of permission.
11. Overall, and having had regard to all other matters raised, I conclude that in its
present form the boundary treatment would unacceptably harm the character
and appearance of Pine Walk and the ASLC in conflict with Policies 28 & 30 of
the Sutton Local Plan 2018; the Council’s Design of Residential Extensions SPD4
and Section 12: ‘Achieving Well-Designed Places’ of the National Planning Policy
Framework 2019.
12. For these reasons the appeal is dismissed.
Martin Andrews
INSPECTOR
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