Fence installed made of treated feather edged wood around external residential boundary. Front porch with front canopy running to width of front elevation of the property. Front dropped kerb permit already granted. Front tarmac driveway to be installed sometime soon
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Character & Appearance
Highways & Transport
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 3 June 2026
by Sarah Colebourne MA, MRTPI
an Inspector appointed by the Secretary of State
Decision date: 12 June 2026
Appeal Ref: 6006340
24 Mapplewells Crescent, Sutton in Ashfield, Nottinghamshire, NG17 1JA
• 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 Saad Sohail against the decision of Ashfield District Council.
• The application Ref is V/2025/0552.
• The development proposed is described as ‘Fence installed made of treated feather edged wood
around external residential boundary. Front porch with front canopy running to width of front
elevation of the property. Front dropped kerb permit already granted. Front tarmac driveway to be
installed sometime soon’.
Decision
1. The appeal is dismissed insofar as it relates to the fence.
2. The appeal is allowed insofar as it relates to the porch, canopy and driveway and
permission is granted for a porch, canopy and driveway at 24 Mapplewells
Crescent, Sutton in Ashfield, Nottinghamshire, NG17 1JA in accordance with the
terms of the application, Ref V/2025/0552, subject to the following conditions:-
1) The development hereby permitted shall begin not later than three years from
the date of this decision.
2) The development hereby permitted shall be carried out in accordance with the
following approved plans insofar as they relate to the porch, canopy and
driveway only: Block plan scale 1:500; A2.1, A3.1, A3.2, A4.1, A4.2, V1.1.
3) The materials to be used in the construction of the external surfaces of the
development hereby permitted shall match those used in the existing dwelling.
Preliminary matter
3. The decision notice refers to the development as ‘Single storey porch and canopy
to front elevation, fencing to front boundary’ and as this describes the proposal
more succinctly, I have used the relevant parts of that description in the formal
decision above but have also included the driveway referred to in the application.
Main Issues
4. The main issues in this case are the effect of the proposed development on:
• the character and appearance of the area;
• highway safety in regards to visibility when entering/egressing from Mapplewells
Crescent.
Appeal Decision 6006340
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Reasons
Character and appearance
5. The appeal site comprises a traditional, two storey semi-detached house of a
modest appearance with a pitched roof, a ground floor bay window and a small flat
canopy above the front door. It is located within a residential area of similar
properties that were built set back behind front gardens and without driveways.
Most of the dwellings have not been substantially altered on their front elevations
but many now have driveways at the front of their plot. Many of the original privet
hedges have been replaced with low fences, railings or walls that provide a sense
of openness in the street scene and this contributes positively to the character and
appearance of the area.
6. The appeal site occupies a corner position at the junction of Mapplewells Crescent
with Mapplewells Road. A small front porch extension has been partially built
across the front door and its lean-to pitched roof continues as a canopy across the
bay window. The Council has raised no objection to those elements of the
proposal and although I saw no other similar examples at my visit, they are small in
size and scale and would appear as a subordinate addition that would not be
unduly prominent in the street scene.
7. The existing driveway is of a double width to the front of the dwelling and accessed
by a dropped kerb. The Council has raised no objection to the proposed tarmac
driveway and as I saw several other similar examples in the area, that would also
be acceptable.
8. However, its objections concern the proposed fence, which has already been
installed. It is positioned to the side of the driveway and sits on top of an existing
brick wall along most of the frontage, following the perimeter of the site around the
corner onto Mapplewells Road where its adjoins a separate single driveway that
leads to a semi-detached garage and also forms part of the appeal site. On the
corner, there is a gap in the wall with gateposts either side, together with a dropped
kerb, and at this point I noted at my visit that there appears to be a gate. Along the
two side boundaries, the fence is installed to ground level. At around 1.8m in
height and extending in length along the frontage for some 17m or so according to
the plans, the fence appears unduly dominating and has a severely enclosing
impact on the openness of the corner and the street scene.
9. I conclude then that this would significantly harm the openness of the area and its
character and appearance, contrary to the development plan policies ST1 and HG7
in the Ashfield Local Plan Review (2002) (LP) which seek to ensure that proposals
do not adversely affect the character and visual amenity of the area. The other
parts of the proposal would accord with those policies.
Highway safety
10. Mapplewells Road, a no through road, provides the main access into this
residential area from Alfreton Road, the B6023. Mapplewells Crescent is a loop
road in three sections that leads off Mapplewells Road. The appeal site lies around
the corner from an entrance on Mapplewells Crescent to a primary and nursery
school. There is an advisory speed limit of 20mph in the area during mornings and
afternoons around school starting and finishing times. Other than immediately
around the entrance and two of the junctions in the area (not those closest to the
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appeal site), there are no parking restrictions in either Mapplewells Road or
Mapplewells Crescent.
11. Not all of the dwellings in the street have driveways. It is likely then that at certain
times during the day, there is a high level of on-street parking in close proximity to
the appeal site from the vehicles of both residents and parents/carers dropping off
or picking up children from school. The appellant’s photos indicate that this is the
case.
12. Historic images on Google street view show that the existing boundary wall and the
previously installed low, open metal fence that was positioned on top of the wall
afforded clear views across the corner that would have allowed intervisibility
between drivers, pedestrians and other road users. At my visit I saw that visibility
around the junction of Mapplewells Crescent and Mapplewells Road, when
emerging from or entering both driveways of the appeal site is now severely
restricted by the fence. It is clear from what I have seen that a visibility splay of
2.4m by 25m in the direction towards Mapplewells Road cannot be achieved. This
exacerbates to an unacceptable degree any difficulties already caused by on-street
parking and the alignment of the road.
13. The appellant has indicated that he is willing to reduce the height of the fence at the
corner, introduce stepped or open panels, or accept a condition securing a visibility
triangle if deemed necessary. However, I must determine the appeal on the basis
of the plans before me and am not persuaded that such a condition would
sufficiently mitigate the harm that would be caused.
14. I conclude then that given the proximity to a school entrance and the high level of
on-street parking during school starting and finishing times, the proposed fence
would present a significant danger to the highway safety of drivers, pedestrians and
other road users. It is therefore contrary to development plan policies ST1 and
HG7 in the LP which seek to ensure that proposals do not adversely affect highway
safety.
Other matters
15. The Council has not objected in terms of the effect of the proposed porch and
canopy on the living conditions of neighbouring occupiers. Although it would be
sited close to the bay window of the adjoining semi-detached property, given the
size and scale of the extension, any impact would be minimal and would not cause
significant harm to the living conditions of those occupiers. I am satisfied therefore
that the proposed porch and canopy would be acceptable.
Conclusion and conditions
16. For the reasons given above, I conclude that the proposed porch, canopy and
driveway would accord with the development plan and there are no material
considerations that would outweigh that. Those parts of the proposal are clearly
severable from the fence and I shall therefore issue a split decision. The appeal
should be allowed insofar as it relates to those elements.
17. In addition to the standard commencement condition, a condition is necessary
requiring that the development is carried out in accordance with the approved plans
(except for the fence), to provide certainty. A condition for matching external
Appeal Decision 6006340
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materials is also necessary in the interests of the character and appearance of the
site and the area.
18. The proposed fence is contrary to the development plan and there are no material
considerations that would outweigh that. The appeal should therefore be dismissed
insofar as it relates to the fence.
Sarah Colebourne
INSPECTOR
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