Construction of a 2.9m high brick wall to front and side - removal of existing wall

📊

See the success rate & inspector analytics

Free to view — just create an account, no payment needed.

Sign Up Free

Technical Issues Heatmap

Character & Appearance
Residential Amenity
Policy Weight

Inspector’s Reasoning

Appeal Decision Site visit made on 22 December 2025 by B. Johnson BA(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 09 January 2026 Appeal Ref: 6001087 Vine Cottage, 1 Balls Cottages, Main Road, Chattenden, Rochester, ME3 8LL • 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 Joe Jones against the decision of Medway Council. • The application reference MC/25/1534, dated 28 July 2025, was refused by notice dated 22 September 2025. • The development proposed is Construction of a 2.9m high brick wall to front and side - removal of existing wall. Decision 1. The appeal is dismissed. Preliminary Matters 2. The description of development was revised by the local planning authority (LPA) during the application determination period. This revised description was used by the appellant on the appeal form, although no explicit proof of the appellant’s agreement to the revision has been provided. Nevertheless, I consider that the revised description is a more accurate description of the development sought, and I have determined the appeal on this basis. 3. The application form states the development commenced in May 2025. I saw during my site visit that a wall has been erected along the front and side of the appeal site. Part of the wall that has been erected along the front of the site appears to accord with the proposed plans before me, specifically drawing no. MAD-525-01. I note that the appeal proposal involves removing a section of the erected wall at the front and side that does not accord with the proposed plans. Regardless of some of the proposed development already being in situ, I have made my decision on the basis of the appeal proposal before me. Main Issue 4. The main issue is the effect of the proposal on the character and appearance of the area. Reasons 5. The appeal site is situated on the south side of Main Road, a busy dual carriageway. This section of Main Road features a row of well-maintained terraced homes set back from the road, with front gardens and consistent boundary treatments. There is a change in site levels from north to south, meaning that the homes and gardens occupy a raised position overlooking Main Road. A petrol station abuts the terrace to the east. Appeal Decision 6001087 2 6. The high degree of uniformity evident throughout the terrace, in terms of the design of the houses, the front gardens and the boundary treatments, contributes positively towards the character and appearance of the area. The character and appearance of the southern side of Main Road is distinct from the northern side which has a less consistent design and pattern of development and is severed by the dual carriageway. 7. The appeal site sits at the western end of the terrace, on the corner of Main Road and Beacon Hill Lane. The proposal is for the construction of a 2.9 metre high brick wall along the northern edge of the property boundary (fronting Main Road) and part of the western edge of the property boundary (fronting Beacon Hill Lane). The wall along the western edge would be constructed up to an existing driveway, with a small dogleg element extending into the site. As noted above, the wall along the northern edge is already in situ. 8. The location of the wall would maintain separation between the boundary treatment and the front elevation of the property, which is a consistent feature throughout the rest of the terrace. However, the height of the wall is excessive compared to the pattern of consistent lower boundary treatments along the rest of the terrace on the southern side of Main Road. It is a significant oppressive feature which causes harm to the character and appearance of the area. While there are examples of brick walls on the northern side of Main Road, they are appreciably lower and less imposing than the wall at the appeal site and are part of a section of the road that has a different character and appearance to the southern side. 9. The choice of a lighter type of brick also harms the character and appearance for the area, as it further amplifies the distinction with the rest of the terrace which has a consistent use of darker brick. 10. Although the homes on the southern side occupy a raised position due to the topography of the land, the height of the wall still obscures views of the appeal site and thereby erodes its contribution to the character and appearance of the area in terms of its visual presence. 11. Policy BNE1 of the Medway Local Plan (2003) (the Local Plan) requires the design of development to be appropriate in relation to the character, appearance and functioning of the built and natural environment. 12. The National Planning Policy Framework (2024) (the Framework) section 12 seeks to achieve well-designed places that are, amongst other things, visually attractive, sympathetic to local character, safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users. 13. The proposal is harmful to the character and appearance of the area and conflicts with Local Plan Policy BNE1. This conflict should be given significant weight in this appeal. The proposal would also conflict with section 12 of the Framework. Conclusion 14. The proposal would have a harmful effect on the character and appearance of the area and would be inconsistent with the Development Plan considered as a whole. It would also be inconsistent with the Framework. There are no material considerations sufficient to outweigh the concerns identified. Appeal Decision 6001087 3 15. For these reasons, the appeal should be dismissed. B. Johnson 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.

Get Free Review How it works →