Erection of a fence adjacent to the roadside (above the height of 1m) and relocation of driveway
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Character & Appearance
Open Space
Trees & Landscape
Inspector’s Reasoning
Appeal Decision
Site visit made on 13 January 2026
by C Cooper-Young MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 04 February 2026
Appeal Ref: 6001710
61 Rugby Road, Poole BH17 7HL
• 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 Mrs Lucy Lees against the decision of Bournemouth Christchurch and Poole
Council.
• The application Ref is P/25/03040/HOU.
• The development proposed is erection of a fence adjacent to the roadside (above the height of 1m)
and relocation of driveway.
Decision
1. The appeal is allowed and planning permission is granted for the erection of a
fence adjacent to the roadside (above the height of 1m) and relocation of driveway
at 61 Rugby Road, Poole BH17 7HL in accordance with the terms of the
application, Ref P/25/03040/HOU, and the plans submitted with it, subject to the
following condition.
1) The development hereby permitted shall be retained in accordance with the
following approved drawing Nos: PP-14244619v1 (Location Plan), 1672.02A
(Site Plan), 1672.04A (Proposed Floor Plan & Elevations).
Preliminary Matters
2. The description of development was changed subsequent to an email from the
Council to the appellant dated 14 August 2025. I have therefore used the revised
description in the header above, as shown on the Council’s decision notice, rather
than the wording that was used on the original application form. However,
‘retrospective application’ is not an act of development and as such, I have
removed the reference to this in the description above.
3. In determining this appeal, I have had due regard to the Public Sector Equality
Duty (PSED) contained in section 149 of the Equality Act 2010, which sets out the
need to eliminate unlawful discrimination, harassment and victimisation, and to
advance equality of opportunity and foster good relations between people who
share a protected characteristic and people who do not share it. Disability is a
relevant protected characteristic to which the PSED applies.
4. The fence has been erected and the driveway installed; as such, the application is
seeking retrospective consent.
5. The application form included the name of the Local Planning Authority in the site
location address. For clarity, I have used the address provided on the Council’s
Decision Notice in the heading, above.
Appeal Decision 6001710
2
Main Issue
6. The main issue is the effect of the proposal upon the character and appearance of
the area.
Reasons
7. The character of the immediate area is predominantly comprised of uniformly and
evenly spaced residential bungalows. These dwellings have a relatively consistent
linear front build line, with a variety of hard and soft landscaping to their frontages.
8. No 61 Rugby Road is a detached brick-built bungalow on a large corner plot
fronting Rugby Road, and adjacent to Coventry Crescent. The dwelling is
surrounded by gardens and a driveway has been installed forward of the front
entrance to the property.
9. A close-boarded fence of approximately 1.8m has been erected to the side and
forward of the principal elevation of No 61, in order to enclose part of the garden
area adjacent to No 59 Rugby Road. The fence is located approximately 0.5m
back from the existing low boundary wall and during my site inspection I observed
that hedge planting had been undertaken in the intervening space.
10. I have been directed to examples of boundary treatment by both the Council and
the appellant. During my site inspection I was able to observe similar examples of
fencing forming the boundary of a number of corner plots on Coventry Crescent,
York Road and Sopers Lane, all exceeding 1m. These examples did not adversely
impact the otherwise open and spacious character and appearance of the area.
As such, I find the scheme before me to be consistent with the varying character of
boundary treatment in the locality.
11. The positioning and nature of the plot is such that any enclosure necessary to
afford private enjoyment of the front and side garden area would be prominent and
visible. The height of the fence and its general appearance is typical of a modern
domestic enclosure.
12. I therefore conclude that the proposal is neither overbearing nor oppressive and
does not result in a harmful impact on the amenity of neighbouring occupiers. The
development is therefore compliant with Policy PP27 of the Poole Local Plan 2018,
which, amongst other things, seeks to prevent development that would result in
harmful impacts on the amenity of local residents.
Conditions
13. For the avoidance of doubt and in the interests of clarity, I have imposed a plans
condition.
Conclusion
14. For the reasons given above the appeal should be allowed.
C Cooper-Young
INSPECTOR
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