Replacing high 6ft fencing panels in poor condition on both sides and across garden with new feather boarding – 4ft high (with small 6ft privacy fence) – to enclose 3 sides of new garden
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Heritage & Conservation
Policy Weight
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 29 July 2019 by S Watson BA (Hons) MSc
Decision by Andrew Owen BA(Hons) MA MRTPI
Inspector appointed by the Secretary of State
Decision date: 06 August 2019
Appeal Ref: APP/T3725/D/19/3226357
2 Satchwell Place, Leamington Spa CV31 1HT
• 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 Miss Melanie Duggan against the decision of Warwick District
Council.
• The application Ref W/18/1276, dated 16 June 2018, was refused by notice dated 11
October 2018.
• The development proposed is described as ‘replacing high 6ft fencing panels in poor
condition on both sides and across garden with new feather boarding – 4ft high (with
small 6ft privacy fence) – to enclose 3 sides of new garden’.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was undertaken by an Appeal Planning Officer whose
recommendation is set out below and to which the Inspector has had regard
before deciding the appeal.
Preliminary Matters
3. At the time of my site visit, the fence had already been erected and therefore I
am considering this appeal retrospectively.
Main Issue
4. The main issue in this case is the effect of the proposal on the setting of a
Grade II Listed Building and the character and appearance of the Leamington
Spa Conservation Area (LSCA).
Reason for the Recommendation
5. The appeal site is part of a terrace comprising Satchwell Place, which is
accessed from an alley off the south side of New Street. The terrace is set back
from the path by substantial front gardens. Metal railings form the front
boundary of the gardens along the terrace. Behind the railings and along the
sides of the garden at No 2 Satchwell Place a timber fence with concrete posts
has been erected.
Appeal Decision APP/T3725/D/19/3226357
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6. The terrace is a Grade II Listed Building within the LSCA. This conservation
area covers a large portion of the town, and its significance generally derives
from its well preserved Regency heritage. The listed building at Satchwell Place
is a Regency terrace, the setting of which is primarily characterised by the
openness afforded by the front gardens and the low, open boundary
treatments. This openness provides a pleasant contrast to the narrow alleyway
on to which it fronts.
7. Sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation
Areas) Act 1990 require me to pay special regard to the desirability of
preserving the setting of a listed building, and to preserving or enhancing the
character or appearance of a conservation area, respectively. In this regard
national policy on heritage assets is set out in the National Planning Policy
Framework (NPPF). At paragraph 192, it sets out matters which should be
taken into account including sustaining and enhancing the significance of the
heritage asset and the desirability of new development making a positive
contribution to local character and distinctiveness.
8. Although the solid timber fence erected around the front and sides of the front
garden is behind the existing railings and partially screened to the front by
planting, it does not respect the open character of the terrace and adjoining
gardens. Furthermore, while I understand the fence panels have weathered
since first installed, the posts are a vivid light grey colour and, as the fence is
taller than the railings, it is visually intrusive. In comparison to the lightweight
design of the railings, the timber fence looks cumbersome and jarring and its
modern appearance does not respect the historic character of the heritage
assets.
9. There are some alternative boundary treatments nearby, including a picket
fence and wire fence serving other properties along the terrace, some of which
which have been supplemented by shrubs and hedges. However, none are
similar in their style, or appear as stark in their setting, as the timber fence.
Boundaries further along the alley have also been brought to my attention but,
the character of the alley changes beyond the bend to the south of the appeal
site and so I give the development in this section little weight in the
determination of the appeal. It has also been raised that there is other
development in the wider area which is out of keeping and that the LSCA is
therefore not coherent. However, other incongruous development should not
justify this development that is itself unacceptable in its distinct context.
10. Although the appeal site is fairly enclosed and is not immediately visible in the
wider area, its location in the LSCA means it still has an impact on the historic
interest of the area, albeit that impact is focussed. Likewise, although the alley
past the site may not be regularly used, this does not mitigate the harm
caused to the historic environment.
11. I acknowledge that the appellant has offered to provide landscaping around the
fencing to reduce the visual impact of the proposal. However, landscaping
could take a considerable time to mature and even then, it would be unlikely to
hide or soften the fence acceptably and therefore mitigate the harm that I have
identified. This would especially be the case down the north side of the fence
on the northern boundary where there is little room for planting. Likewise,
although painting the fence panels and posts may go some way to soften their
appearance it would not alleviate the solid design.
Appeal Decision APP/T3725/D/19/3226357
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12. Therefore, for the reasons above I conclude that the fence harms, and fails to
preserve or enhance, the character and appearance of the LSCA and the
setting of the Grade II Listed Building. It is contrary to the NPPF and policies
BE1, HE1 and HE2 of the Warwick District Local Plan 2011-2029, which
together seek to conserve or enhance conservation areas and the setting of
listed buildings, and achieve high quality design.
13. The NPPF is clear that great weight should be given to a historic asset’s
conservation. Nonetheless, in this case, the harm that is caused to the
significance of the heritage assets is less than substantial and hence that harm
needs to be weighed against the public benefits of the proposal.
14. There is some anecdotal evidence submitted, by the appellant and other
supporters, that there is a high level of crime and anti-social behaviour around
the appeal site but that the new fence has helped reduce these instances.
However, there is no substantive evidence of this so I can only give it little
weight. Furthermore, whilst I have no doubt that the provision of a safe and
private garden may be of benefit to the appellant, it does not amount to a
public benefit identified. In any case, I am not convinced that the height of the
fence is sufficient to provide privacy.
15. The appellant has suggested that the current fence affords better public views
of the listed building and have a lesser impact on its historic interest, in
comparison to the previous fence. However, as the previous fence was
removed some time ago, I cannot accurately compare the existing fence to the
previous one. Similarly, I cannot attest to any aesthetic benefit there may have
been by removing the previous fence. I therefore can only give these matters
very little weight.
16. Overall, although the harm to the heritage assets is less than substantial, I do
not consider the public benefits outweigh that harm.
Other Matters
17. Any advice given to the appellant by the Council regarding the erection of the
fence cannot bind my assessment of the planning merits of this appeal.
Furthermore, while I note that there is support for the development, including
from a councillor, this does not alter my conclusion that the development is
inappropriate in its context.
18. It is not within the remit of this appeal to consider whether the previous fence
should be reinstated. Moreover, the source of any funding for alternative
fencing carries no weight in the determination of this appeal.
19. Although suggestions for gating or renovating the alley have been made by
third parties, these alternatives do not have any bearing on the merits of this
proposal.
Conclusion and Recommendation
20. For the reasons given above I recommend that the appeal should be dismissed.
S Watson
APPEAL PLANNING OFFICER
Appeal Decision APP/T3725/D/19/3226357
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Inspector’s Decision
21. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and on that basis the appeal is dismissed.
Andrew Owen
INSPECTOR
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