Removal of an existing brick retaining wall approx 0.8m in height as its maximum and laurel hedge (3m internal height) and replacement with 2x3m concrete gravel boards, concrete posts and 1.8m high close board fence panels giving a total internal height of 1.9m maximum (2.4m external maximum) reducing to internal height of 1.2m (1.5m external) at front of property. The replacement retaining wall and fence has 3 outside boundaries with the public highway and the fence, concrete posts and retaining gravel boards will
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Character & Appearance
Residential Amenity
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 26 November 2024
by V Goldberg BSc (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 30 December 2024
Appeal Ref: APP/B1740/D/24/3347016
8 Elmwood Avenue, Fordingbridge, SP6 1DN
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended)
against a refusal to grant planning permission.
• The appeal is made by Mr Paul Harding against the decision of New Forest District Council.
• The application Ref is 24/10142.
• The development proposed is described as ‘removal of an existing brick retaining wall approx
0.8m in height as its maximum and laurel hedge (3m internal height) and replacement with 2x3m
concrete gravel boards, concrete posts and 1.8m high close board fence panels giving a total
internal height of 1.9m maximum (2.4m external maximum) reducing to internal height of 1.2m
(1.5m external) at front of property. The replacement retaining wall and fence has 3 outside
boundaries with the public highway and the fence, concrete posts and retaining gravel boards will
reduce in height from the northwest corner further from property to the front of the property’.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. On 12 December 2024 the Government published a revised National Planning
Policy Framework (the Framework). Having reviewed the changes, I am
satisfied that they do not affect the substantive matter of the appeal and that
proceeding without further consultation with the main parties would not be
prejudicial to their respective cases.
Main Issue
3. The main issue is the effect of the development on the character and
appearance of the area.
Reasons
4. The appeal site is a large corner plot on Elmwood Avenue with three boundaries
facing the road. The front boundary of the property is demarcated by a low brick
wall with an established hedge behind. Whilst there are examples of other
boundary treatments, the frontages along Elmwood Avenue are predominantly
characterised by low brick walls and planting. This positively contributes to the
verdant suburban character of the street scene.
Appeal Decision APP/B1740/D/24/3347016
2
5. The proposed fence due to its design, height, length and siting would appear
stark and imposing amongst the characteristic planting and low boundary
treatments in the road. Despite the proposal being small in nature, the impact of
the fence would be particularly imposing given its prominent position in the road
and the considerable length of the boundary.
6. Whilst the proposed fence would be lower than the existing hedge, the loss of a
verdant feature, and its replacement with a solid fence would fail to respect or
enhance local distinctiveness. Even if the fence weathers over time, the use of
traditional timber would be incongruous in the context of frontages along
Elmwood Avenue, as boundary fencing is not characteristic of front facing
boundary treatments in the street scene.
7. Examples of boundary treatments up to two metres in height are referenced.
The side boundary at 21 Elmwood Avenue, is the flank elevation of an
extension. Whilst there is a section of fencing that extends beyond it, this is
relatively short and has vegetation growing above and draping over it, which
softens its appearance. The wall at the corner of Elmwood Avenue and
Brympton Close is also a short section and in a less prominent location then the
proposed fencing. The fence along the path linking Falconwood Close to
Downwood Close is a private access off Downwood Close, as such, it does not
form part of the street scene unlike the appeal site. As a result, these examples
are not wholly comparable to the development before me and do not justify a
planning permission.
8. Whilst the vegetation in the garden close to the hedge would appear above the
fence line; this would not negate the stark appearance of the fence. It is
suggested that further planting could be conditioned but the plans denote that
the fencing would be erected on the boundary. As such it is unclear if there
would be space for planting in front of the fence line to soften its appearance.
9. For the reasons identified above, I conclude that the proposed development
would have an unacceptable effect on the character and appearance of the
area. The development is therefore contrary to Policy ENV3 of the New Forest
Local Plan 2016-2036 Part One: Planning Strategy, in so far as it requires new
development to respect and enhance local distinctiveness.
Other Matters
10. The appeal site is not within a designated area, but this does not negate the
need to respect or enhance local distinctiveness.
11. Due to the property having a higher ground level than the footpath, a lower
fence would fail to provide privacy and security. However, it has not been
demonstrated that the existing arrangement fails to provide privacy and security
and therefore this would not justify the proposal.
12. Reference is made to Paragraph 135 of the Framework and the aim of
achieving well designed places. Whilst the proposed fencing would be neat and
tidy and would create a safe garden environment, it would also fail to add to the
overall quality of the area and would therefore be contrary to the Framework.
Appeal Decision APP/B1740/D/24/3347016
3
Conclusion
13. The proposal conflicts with the development plan and the material
considerations do not indicate that the appeal should be decided other than in
accordance with it. For the reasons given above the appeal should be
dismissed.
V Goldberg
INSPECTOR
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