Development described on the application form is as follows: 1. Proposed replacement of the existing to 0.9m timber board fencing "top up" to existing brickwork wall with like for like new 0.9m high timber board fencing. Existing total fencing height was approximately 2.350m and proposed height is to match the existing (approximately 2.350m). 2. Proposed erection of 4.8m high acoustic timber fencing fixed to steel posts
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Noise & Disturbance
Residential Amenity
Heritage & Conservation
Inspector’s Reasoning
Appeal Decision
Site visit made on 9 July 2019 by Ifeanyi Chukwujekwu BSc MSc PIEMA RTPI
(Assoc)
Decision by Mr A U Ghafoor BSc (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 26 July 2019
Appeal Ref: APP/F5540/D/19/3231153
3 Burlington Road, London, W4 4BQ
• 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 Mrs Angela Rea against the decision of Council of the London
Borough of Hounslow.
• The application Ref 00177/3/P4, dated 28 January 2019, was refused by notice dated
26 March 2019.
• The development described on the application form is as follows: 1. Proposed
replacement of the existing to 0.9m timber board fencing "top up" to existing brickwork
wall with like for like new 0.9m high timber board fencing. Existing total fencing height
was approximately 2.350m and proposed height is to match the existing (approximately
2.350m). 2. Proposed erection of 4.8m high acoustic timber fencing fixed to steel posts.
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.
Main Issues
3. Development has already been carried out. The main issues are as follows: (1) Whether
or not the development preserves or enhances the character or appearance of the
Wellesley Road Conservation Area (the ‘CA’), and (2) the effect of the development upon
the living conditions of occupants of no. 1 and 5 Burlington Road, and no. 4 Marlborough
Road, having particular regard to sense of enclosure and light.
Reasons for the Recommendation – Character and appearance
4. No. 3 is a detached two-storey house with a side garage. It is located on the eastern
side of Burlington Road. Though intensively urbanised, the character of the CA is, in
part, derived from mainly 19th Century Victorian residential properties with spacious
gardens. These are enclosed by a mix of boundary treatments, including tall timber
fences, brick walls and hedges. Nonetheless, the height of boundary treatments is,
generally, domestic in scale and probably below 2 metres, which is in keeping with
guidance within London Borough of Hounslow’s Residential Alterations Guidance,
Supplementary Planning Document (December 2017) (the ‘SPD’). These make the area
cohesive and contribute to the quality environment.
5. The boundary treatment at no. 3 is all much taller compared to other means of
enclosures and appear in excess of 2 m. The appellant maintains that the appeal
Appeal Decision APP/F5540/D/19/3231153
2
property included similar boundary treatments. However, the appeal boundary treatment
is tall and of a scale that harms the external appearance of the host property. The
boundary on the northern side is partially visible on Burlington Road. It presents a
significant difference in height and scale and forms a visually incongruous feature.
6. The appellant argues that there is a variety of designs in the area, and there are other
more prominent boundary treatments within the CA. It is contended that the use of
high-quality material would enhance the appearance of the street scene. However, the
development is out-of-keeping with the scale of boundary treatments that reinforce the
quality of the CA. The presence of other prominent boundary treatments does not justify
visually harmful development. In any event, each application should be evaluated on its
individual merits.
7. The harm caused is less than substantial nevertheless is of considerable importance and
weight. The argument is that the development is a betterment in visual terms when
compared to the previous condition of the fence, and the appellant is offering to stain
the fence a dark colour to provide a degree of visual relief. However, the focus is on the
height of the fence, and the extent of the alterations detract from the pattern of
settlement. Improvements to the property benefit the appellant but limited weight is
given to this argument.
8. I find that the nature of the development fails to preserve the designated heritage asset.
Accordingly, there is conflict with the aims and objectives of policy CC1 of Hounslow’s
Local Plan, the SPD and 7.1, 7.4 and 7.6 of the London Plan.
Living conditions
9. By virtue of the height of the boundary treatment on the north and south, it creates a
sense of enclosure and loss of daylight for the residents of no.1 and no.5 Burlington
Road respectively. The approximately 4.8 m height at the rear has a similar, if not more
significant visual impact on occupants of 4 Marlborough Road. The appellant claims that
the Council has not considered the use of no. 4 Marlborough Road as a pre-school
nursery. It is contended that the height of the wall serves as an acoustic barrier from
noise generated at 4 Marlborough Road. However, the evidence presented does not
show that the noise generated at the school is at an unacceptable level and that a wall
of this scale is required to overcome noise-related complaints. I find that the nature and
scale of the boundary treatment is materially harmful to the living conditions of the
occupants of nos. 1 and 5 Burlington Road and no. 4 Marlborough Road. Accordingly,
there is conflict with the aims and objectives to Policies CC1, CC2 and SC7 of Hounslow’s
Local Plan, the SPD and 7.1, 7.4 and 7.6 of the London Plan.
Conclusion and Recommendation
10. For the reasons given above and having had regard to all other matters raised, I
recommend that the appeal should be dismissed.
Ifeanyi Chukwujekwu
Appeals Planning Officer
Inspector’s Decision
11. I have considered all the submitted evidence and the Appeal Planning Officer’s report,
and, on that basis, I too agree that the appeal is dismissed.
A U Ghafoor INSPECTOR
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