Erection of wall and gate

Appeal Decision Site visit made on 8 January 2019 by J Alderman BA(Hons) MA MRICS an Inspector appointed by the Secretary of State Decision date: 12th April 2019 Appeal Ref: APP/A1910/D/18/3214491 7 Birtchnell Close, Berkhampstead, HP4 1FE • 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 S Bhimji against the decision of the Dacorum Borough Council. • The application Ref 4/01969/18/FHA, dated 3 August 2018, was refused by notice dated 12 October 2018. • The development proposed is erection of wall and gate. Decision The appeal is dismissed. Main Issue 1. The main issue is the effect of the development on the character and appearance of the area. Reasons 2. The land in question is adjacent to the side of 7 Birtchnell Close, a three storey end of terrace town house. Both parties confirm that the strip of land is 2.8m in width. The appellant proposes relocating their existing boundary wall, building it to a similar height and encompassing approximately 1.8m of this land within their rear garden, leaving approximately 1m still within the public realm. 3. The estate generally has an open feel with the landscaping particularly in the area adjacent to the culvert contributing to this. There is a mix of different planting and open areas which are a feature of the Stag area development. 4. The proposed construction of the wall and gate resulting in the enclosure of part of the development area as proposed would have an impact on the character and appearance of the area. It would create a more enclosed feeling and undermine the original open aspect. The limited amount of landscaping retained within the 1m strip between the proposed wall and the edge of the footpath would not sufficiently mitigate the harm in this case. 5. It is confirmed by both parties that at the time of the original grant of planning for the Stag area development that landscaping was one of the planning Appeal Decision APP/A1910/D/18/3214491 2 conditions. The original planning condition and the associated landscaping plan provides details of the extensive nature of the landscaping requirement. The appellant notes that there have been changes to the landscaping since the implementation of the original condition. These changes have not altered the site to such a degree that the original character has been lost. It continues to contribute, particularly in the vicinity of the culvert, to the overall appearance of the area. 6. It is therefore my conclusion that the harm caused to the character and appearance of the area by the development outweighs the benefit to the appellant. It is contrary to Policy CS11 of the Dacorum Core Strategy (2013) in that it fails to enhance the space between buildings and the general character. Other Matter 7. The Council make reference to an appeal (APP/A1910/D/13/2205695), another development within the Stag area development. I am not aware of the full circumstances of this case, but it appears that it was mainly related to the provision of car parking. As this appeal is not related to parking, this decision has had little bearing on my consideration of this appeal, which I have determined on its own merits. Conclusion 8. For the reasons set out above I conclude that the appeal should be dismissed. J Alderman INSPECTOR