Single storey front extension; new gate to front; retrospective application for boundary fence
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Character & Appearance
Policy Weight
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 9 April 2024
by Mr R Walker BA HONS DIPTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 17 April 2024
Appeal Ref: APP/N4720/D/24/3337931
132 Blue Hill Lane, Wortley, Leeds LS12 4NY
• 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 and Mrs Carpenter against the decision of Leeds City Council.
• The application Ref is 23/05235/FU.
• The development proposed is single storey front extension; new gate to front;
retrospective application for boundary fence.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. The fence is in situ however it has not been completed along its full front
boundary as proposed in the scheme before me. As such, I am dealing with the
appeal in part retrospectively.
Main Issue
3. The main issue is the effect of the proposed development on the character and
appearance of the surrounding area.
Reasons
4. The appeal property is a two-storey semi-detached dwelling located on the
corner with Blue Hill Lane and Cliffe Park Crescent within a predominantly
residential area.
5. The property forms part of a short row of similar semi-detached properties
between the appeal premises and No 142 Blue Hill Lane. These properties are
characterised by, amongst other things, single storey projections to the front
that have a horizontal emphasis due to their narrow depth, width and modest
height and maintain a similar building line. The area is characterised by a
mixture of predominantly low boundary treatments and planting along the
boundaries of properties to the footways. This results in a pleasant
environment with open views to properties.
6. The fence, subject of this appeal, wraps around the corner of Cliffe Park
Crescent and Blue Hill Lane by a considerable length. Due to its length, height
and solid massing, it appears as a strikingly stark feature adjacent to the
footway creating a hard edge. This would be exacerbated by the proposal to
continue this hard edge along the front boundary with the fence and gates.
7. The proposed boundary materials would be compatible with other boundary
treatments in the area and the timber will weather over time. Nonetheless, the
Appeal Decision APP/N4720/D/24/3337931
2
combination of its considerable length and height mean it would still appear as
an unduly dominant solid feature that would be at odds with the predominantly
varied and lower boundaries and open qualities along the footways.
8. The proposed extension would project out by 2.4m, which relative to the
distinctive narrowness of the existing front feature, would appear an unduly
bulky addition to the front. This would not harmonise with the horizontal
emphasis and building line associated with this row of properties from the
narrow projections along the frontages.
9. The proposed front boundary treatment would obscure much of the proposed
extension from public views. However, the boundary treatment would also be
harmful, and this does not therefore weigh in favour of the scheme.
10. My attention has been drawn to tall fences in the wider area that are adjacent
to footways. However, I have no firm details regarding the locations of these
other fences and the circumstances resulting in their erection. Where there
were taller boundaries along the footway near the appeal site, they did not
share the same characteristics as the appeal scheme in respect of its
considerable length wrapping around the side and front. As such, their
presence in an area characterised by varied boundary treatments does not
justify the harm in this instance.
11. My attention has also been drawn to the extension at No 142 Blue Hill Lane.
However, I have no firm details regarding the circumstances that resulted in
that extension. Moreover, the two extensions would not be a ‘mirror image’ and
in this regard the differences, to the front of the dwellings would exacerbate
the harm to the appearance of this row of properties.
12. I therefore conclude that the proposed development would have a harmful
effect on the character and appearance of the surrounding area. As such, I find
conflict with the requirements of Policy P10 of the Council’s Core Strategy,
Policies BD6, GP5 and N25 of its Unitary Development Plan, the guidance in its
Householder Design Guide and the provisions of the National Planning Policy
Framework, when taken together and in so far as they relate to these matters.
These say, amongst other things, that new development for buildings and
spaces, and alterations to existing, should be based on a thorough contextual
analysis and provide good design that is appropriate to its location, scale and
function.
13. The fence and gates would improve security at the host property. However,
personal circumstances will seldom outweigh more general planning concerns.
As such, although the proposed development would benefit the appellant’s
living conditions, I afford these benefits limited weight. Given my concerns
regarding the scale and form of the proposed extension and height, length, and
solid massing of the fence, any discrepancies between the proposed elevation
and floor plans, are not determinative matters in the appeal.
14. For the reasons given above, the proposed development would conflict with the
development plan and there are no material considerations that would
outweigh this conflict. Therefore, the appeal is dismissed.
Mr R Walker
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.