Erection of 1.8m tapering to 1.2m high CB timber fencing along King John Avenue and replacement of 1.8m high unstable brick wall to 1.8m high CB timber fencing side boundary along public footpath
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 26 September 2023
by John D Allan BA(Hons) BTP MRTPI
an Inspector appointed by the Secretary of State
Decision date:10.10.2023
Appeal Ref: APP/V1260/W/23/3321328
156 King John Avenue, Poole, BH11 9TE
• 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 and Mrs D Todd against the decision of Bournemouth
Christchurch and Poole Council.
• The application Ref APP/22/01743/F, dated 13 December 2022, was refused by notice
dated 7 February 2023.
• The development proposed was described as ‘erection of 1.8m tapering to 1.2m high CB
timber fencing along King John Avenue and replacement of 1.8m high unstable brick
wall to 1.8m high CB timber fencing side boundary along public footpath’.
Decision
1. The appeal is dismissed.
Procedural Matter
2. The application was made retrospectively and at the time of my visit I saw that
the close-boarded timber fence had been erected.
Main Issue
3. The main issue is the effect of the fence on the character and appearance of
the area.
Reasons
4. The appeal property is a detached dwelling within a residential estate
development comprising broadly similar type properties and opposite a small
neighbourhood shopping area and car park. Houses to the south side of King
John Avenue, including the appeal property, are recessed behind reasonably
deep frontages and with a fairly consistent forward building line.
5. A 1.8m close-boarded timber fence has been erected along the side return
boundary of the appeal site facing a pedestrian walkway and which wraps
around the front boundary, extending partly in front of the neighbouring
property at No 158 where it tapers down in height to 1.2m and encloses a
shared driveway for both properties at this point. It is understood the fence
replaced a similar height brick wall that originally ran along the side rear
garden boundary of the appeal property and a high hedge which enclosed the
remainder.
Appeal Decision APP/V1260/W/23/3321328
2
6. I saw during my visit that front garden boundaries along the back edge of the
pavement to the south side of King John Avenue are either open plan, marked
by verdant hedgerows of various heights, or else have low solid brick or fence
enclosures. In some cases, they are a mix of both. To the opposite side, the
neighbourhood centre and car park is bounded by low vegetation fronting King
John Avenue. As such, I found through the combination of the dwellings’
recessed positions and the nature of the front boundaries, the suburban
character of the street scene in the vicinity of the appeal site was significantly
and pleasingly tempered.
7. In contrast, the boundary fence, particularly where it runs along the King John
Avenue frontage, stands out as an atypical and harsh means of enclosure. I
share the Council’s view that, by reason of its height and solid form, it appears
as a jarring intrusion within the street scene and out of context in its setting.
The appellants have directed me to some examples in the area of other fences
of similar heights, but I saw none in the locality of the appeal site that were
comparable in terms of context, setting or visual impact. By failing to reflect
the locally spacious and verdant pattern of development, the fence does not
display the design standard that is required by Policy PP27 of the Poole Local
Plan 2018. For this same reason I find conflict with the National Planning
Policy Framework’s objectives for achieving well-designed places.
8. I have noted the Highway Authority’s support for the development based on
the removal of any potential for the previous vegetation to encroach onto the
footway. However, vegetation to front boundaries adjacent to the footways is
a common feature that contributes significantly to the distinctive character of
the area. The maintenance of a hedgerow at a single site is not justification in
my opinion for the harm that has been caused. Neither is the degree of
support for the development that has been expressed by some interested
parties.
9. I have considered the appellants’ suggestion of securing a darker colour for the
fence by condition, however I am not persuaded that this would soften its
appearance to any significant degree.
Conclusion
10. For the reasons given, I find the fence to be harmful to the character and
appearance of the area. Accordingly, and having regard to all other matters
raised, the appeal is dismissed.
John D Allan
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.