Erection of fencing to front and side boundaries and erection of timber gates to front boundary
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Inspector’s Reasoning
Appeal Decision
Site visit made on 17 February 2026
by Richard Snow BA(Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 27 February 2026
Appeal Ref: 6001408
65 Highway Road, Thurmaston, Leicestershire LE4 8FR
• 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 Pritpal Singh against the decision of Charnwood Borough Council.
• The application Ref is P/25/1585/2.
• The development proposed is the erection of fencing to front and side boundaries and erection of
timber gates to front boundary.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. The description of development differs between the application form and the
decision notice. The above has been taken from the application form which
adequately describes the development. I have removed the word “retrospective”
which is not a description of development.
3. The council has now adopted the Charnwood Local Plan 2021-2037 which
replaces the Charnwood Local Plan Core Strategy 2011-2028 and the saved
policies of the Charnwood Local Plan 2004. Both parties make reference to
emerging Policy DS5: High Quality Design in their submissions. This policy has
now been adopted as Policy DS4 with a modification to include an additional bullet
point relating to the need to conserve, restore and enhance the natural
environment. As this additional requirement of the policy is not determinative in
relation to the development proposed, I have assessed the appeal in relation to
Policy DS4 of the newly adopted Local Plan without inviting comments from the
parties.
Main Issue
4. The main issue is the effect of the development on the character and appearance
of the area.
Reasons
5. The appeal site is a detached bungalow in a prominent location at the junction of
Highway Road and Red Hill Lane within a cluster of predominantly single storey
properties. The wider area has a varied character derived from a mix of one and
two-storey dwellings set on fairly consistent frontages. Front boundaries are a mix
of predominantly low walls or fencing and some hedging. To the south along Earls
Appeal Decision 6001408
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Way, the alignment of properties is more diverse and front gardens are generally
more open in nature, although some enclosure with fencing is evident in places.
6. I observed from my site visit that the proposed fencing along the Red Hill Lane and
Highway Road frontages is in situ, although the proposed gates across the
vehicular access to Highway Road had not been installed. The fencing has been
sited close to the highway boundaries on both road frontages and is formed of
timber panels between concrete posts. The fencing to the Highway Road frontage
includes curved trellising above solid panels. The plans indicate that its height
extends to 2m along both frontages.
7. Due to its height and siting, the fencing is an unduly prominent feature, particularly
in views from the south, where both frontages are readily visible in the street scene.
It presents a harsh, solid and dominant appearance with the trellis feature doing
little to reduce its impact on the street scene. The proximity of the fencing to the
highway has removed any opportunity to provide any meaningful landscaping in
front of the fence.
8. The fencing along the Red Hill Lane frontage forms a stark and obtrusive feature in
a street scene which is generally characterised by more open front gardens. The
fencing along Highway Road obscures the majority of the frontage of the bungalow,
providing a degree of enclosure out of character with the wider area. Combined, the
lengthy expanses of fencing create a visually jarring feature at the road junction. If
installed, the proposed solid timber gates would further compound the dominance
of the development, the visual enclosure of the property and the harmful effect on
the street scene.
9. A fence has been erected around the garden of no 64 Highway Road, opposite the
appeal site. The evidence before me suggests that this fence has been erected
relatively recently and without planning permission. I accordingly give little weight to
its presence in my decision.
10. Several other examples of fencing in the vicinity of the appeal site have been drawn
to my attention, and I viewed each during my site visit. None of the examples
provided include fencing wrapping around a corner plot along both the side and
front boundaries in such close proximity to the carriageway as that erected at the
appeal site. They are accordingly not directly comparable. I do not have full details
of the circumstances of those other cases save for the fencing at 55 Sandiacre
Drive which has the benefit of a 2019 planning permission. For the same reasons
however, this fence is not directly comparable to the appeal proposals.
11. Reference is made to previous fences at the appeal site. However, it appears that
these fences were set back from the road, behind established landscaping, which
considerably softened their appearance. Photographs provided by the appellant
show that the new fence on the Highway Road frontage appears to be taller than
the one it replaced, to the extent that it largely screens the front elevation of no 65
from public view, preventing it contributing to the street scene and unduly
enclosing the street.
12. Taking all these matters into account, the proposals introduce a visually dominant
and discordant feature in the street scene which detracts from the character of the
wider area. As such, they conflict with Policy DS4 of the Charnwood Local Plan
(2021-2037) which, amongst other things, requires new development to respect
and enhance the character of the area.
Appeal Decision 6001408
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Other Matters
13. Whilst I acknowledge the appellant’s concerns that a landscaping strip outside the
previous fencing was a maintenance liability and attracted litter, such features are
commonplace and can provide visual relief to the street scene. In any case, no
such landscaping strip is now proposed. The lack of objections to the application
holds neutral weight in my assessment.
14. The need for privacy in rear gardens is acknowledged, and I note the council’s
‘Design’ Supplementary Planning Document (SPD) recognises this. The SPD also
advises that in considering the design and siting of boundary treatments, a balance
should be struck between privacy, safety and aesthetics. For the reasons given
above, I am not satisfied that the balance has been appropriately struck in this
case, or that the total enclosure of both roadside frontages is required to secure an
appropriate level of privacy. This is evidenced from the open or relatively low front
boundary treatments of the majority of nearby properties.
Conclusion
15. For the reasons given above, the proposals do not accord with the development
plan as a whole and there are no other considerations that indicate I should take a
decision other than in accordance with it. Accordingly, the appeal should be
dismissed.
Richard Snow
INSPECTOR
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