Retrospective application for fence

Appeal Decision Site visit made on 27 November 2025 by C Butcher BSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 10 December 2025 Appeal Ref: 6001026 7 Hayward Court, Holbury, Hampshire SO45 2PL • 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 Jose Pando against the decision of New Forest District Council. • The application Ref is 25/10426. • The development proposed is a retrospective application for fence. Decision 1. The appeal is dismissed. Preliminary Matters 2. I observed on my site visit that the development has been completed in accordance with the approved plans. I have therefore determined the appeal on the basis that retrospective permission is sought for the development which has already been implemented. Main Issue 3. The main issue is the effect of the proposed development upon the character and appearance of the area. Reasons 4. The dwelling that forms the appeal site is situated at the end of a residential cul- de-sac. The development, which comprises a fence and two gates, has been erected between an existing garage block and the dwelling in order to enclose the appellant’s front garden area. 5. Given the relatively tight knit nature of the urban grain in this area, the cul-de-sac generally feels fairly cramped and enclosed, particularly as a result of the garages and walls on the northern side of the street. The open nature of front gardens on the southern side therefore provides some visual relief and feeling of spaciousness. The fence at No. 7 has completely removed views of the front garden area and has made the immediate surroundings feel more cramped, oppressive and less verdant. 6. Therefore, while fences are clearly common in the area, this particular development has undoubtably resulted in harm to the character and appearance of the street scene. The fact that the fence bisects the front of the dwelling also means that it appears as an incongruous and poorly designed feature which adds to the harm. Being at the end of the cul-de-sac, the fence is also highly noticeable Appeal Decision 6001026 2 as soon as one turns into the street. As such, the identified harm is readily apparent. 7. I therefore find that the development conflicts with Policy ENV3 of the Local Plan 2016-2036 Part 1: Planning Strategy, adopted July 2020. The relevant aspects of this policy seek to ensure that new development is well designed and that it preserves character and appearance. Other Matters 8. The appellant has suggested that the fence is required to prevent trespassers from accessing their garden area. However, there is no substantive evidence before me in this regard, and it is not a matter to which I afford more than very limited weight. Furthermore, I acknowledge that the fence provides the appellant with greater privacy. However, this is a private benefit and also attracts very little weight. As such, the harm in this instance clearly outweighs the benefits of the scheme. Conclusion 9. The proposed development would result in harm to character and appearance and would therefore conflict with the development plan when considered as a whole. There are no material considerations, either individually or in combination, that outweigh the identified harm and associated development plan conflict. The appeal is therefore dismissed. C Butcher INSPECTOR