Development proposed is: “To erect 2 fence panels to the side of our front garden, next to Ox Lea. They will be 6 feet high and will follow the existing fence line. The reason for this is to give privacy to a sunny spot as the trees at the front of 1 Ox Lea shade all sunlight and to stop the leaf fall from the said trees at 1 Ox Lea from spreading across my lawn. I estimate approximately 60-70% of the leaf fall on my property

Appeal Decision Site visit made on 30 August 2018 by R J Maile BSc FRICS an Inspector appointed by the Secretary of State Decision date: 13 September 2018 Appeal Ref: APP/M2270/D/18/3204130 4 Newlands, Langton Green, Tunbridge Wells, Kent, TN3 0BU.  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 John Sheppard against the decision of Tunbridge Wells Borough Council.  The application ref: 18/00202/FULL, dated 15 January 2018, was refused by notice dated 12 April 2018.  The development proposed is: “To erect 2 fence panels to the side of our front garden, next to Ox Lea. They will be 6 feet high and will follow the existing fence line. The reason for this is to give privacy to a sunny spot as the trees at the front of 1 Ox Lea shade all sunlight and to stop the leaf fall from the said trees at 1 Ox Lea from spreading across my lawn. I estimate approximately 60-70% of the leaf fall on my property.” Preliminary Matter 1. The two fence panels the subject of this appeal had been erected at the time of my site visit. Decision 2. The appeal is dismissed. Main Issue 3. The main issue here is the effect of the two fence panels upon the character and appearance of the surrounding area. Reasons 4. 4 Newlands is a modern detached house. It forms part of an estate of similar detached dwellings erected in the 1960’s. 5. A feature of the estate is the open plan front gardens, a number of which have been demarcated by hedges or other low-key or natural features. There are numerous mature trees within the estate that are subject to Tree Preservation Orders, including at the appeal site which has a protected ash tree within the front garden close to the location of the fence panels. 6. National policy at Chapter 12 of the Framework1 seeks to achieve well designed places. It requires, amongst other matters, that developments should be 1 The National Planning Policy Framework (July 2018). Appeal Decision APP/M2270/D/18/3204130 2 visually attractive and sympathetic to local character, including the surrounding built environment and landscape setting (paragraph 127). 7. “Saved” Policy EN1 of the Local Plan2 states that proposals should not result in the loss of significant buildings, related spaces, trees, shrubs, hedges or other features important to the character of the built-up area or landscape (Criterion 4). 8. I understand the purpose of the fence panels is to provide “a small sunny spot for later sun.” The appellant has explained that this is to compensate for the fact that a coppice of trees blocks all sunlight to his rear garden in the early evening. Whilst I have some sympathy for the appellant in this regard, I must nevertheless consider the proposal in relation to its impact upon the wider area. 9. The subject property is prominently located at the junction of Newlands and Ox Lea. The two close boarded fence panels some 2m in height have been erected along the north boundary of the front garden as a continuation of a much older fence which, with an attendant mature hedge, provides privacy to the rear garden. 10. The new fence panels project in front of the established building line of no. 4 and into the open plan front garden. As such they represent an incongruous and intrusive feature in the street scene, thereby detracting from the visual amenities of the area. 11. I therefore find upon the main issue that the two fence panels as erected are harmful to the established character and appearance of the surrounding area, contrary to the objectives of national policy in the Framework as referred to above and “saved” Policy EN1 4 of the Local Plan. Conclusion 12. For the reasons given above, I conclude that the appeal should fail. R. J. Maile INSPECTOR 2 The Tunbridge Wells Borough Local Plan (March 2006).