Wooden hit and miss fence and concrete posts with gravel border (to match pre-existing fence line already in situ, and to match the rest of the estate) to replace the pre - existing boundary hedge that surrounded the side garden
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Character & Appearance
Green Belt Policy
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 2 June 2026 by Ellie Nutman BA (Hons)
Decision by M J Francis BA (Hons) MA MSc MCIfA
an Inspector appointed by the Secretary of State
Decision date: 30th July 2026
Appeal Ref: 6008677
16 Beechwood Avenue, Hartford, Northwich CW8 3AR
• 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 Miss Charlotte Spragg against the decision of Cheshire West and Chester
Council.
• The application Ref is 25/03761/FUL.
• The development proposed is a wooden hit and miss fence and concrete posts with gravel border (to
match pre-existing fence line already in situ, and to match the rest of the estate) to replace the pre -
existing boundary hedge that surrounded the side garden.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard before
deciding the appeal.
Preliminary Matters
3. The development was in situ during my site visit and, as it reflects the description
provided on the application form, I have determined the appeal on the basis of what
exists on site.
4. I note that the appeal site is situated within the Green Belt. The Council has not
identified the development as inappropriate development and has raised no
objection on Green Belt grounds. Having regard to the nature and scale of the
proposal, I have no reason to disagree and therefore do not consider it necessary
to address Green Belt matters further in this decision.
Main Issue
5. The main issue of the appeal is the effect of the development on the character and
appearance of the area.
Reasons for the Recommendation
6. The area is predominantly residential, and dwellings feature compact gardens and
driveways to their frontages. These are typically open in nature or feature low
boundary treatments and hedging.
7. The appeal site is located at the end of the cul-de-sac and is orientated away from
the street. It is accessed via a curved driveway which serves one other dwelling. It
Appeal Decision 6008677
2
therefore occupies an atypical position, with a large side garden around which the
fence has been constructed. Whilst not forming part of a conventional street
frontage, the Supplementary Planning Document: House Extensions and Domestic
Outbuildings (2021) (SPD) nevertheless reflects the Council's expectation that
boundary treatments adjacent to publicly visible areas should generally remain low
in height.
8. Areas of open frontage make an important contribution to the spacious and open
character of the residential environment. Although the host dwelling does not
directly address the street in the same manner as neighbouring properties, it
remains readily visible from the public realm. It is particularly noticeable from
Beechwood Avenue and the end of Leawood Close.
9. The site was previously enclosed by hedge planting which formed a softer and
more natural boundary treatment that contributed positively to the verdant character
of the area. I acknowledge that timber fencing is a common form of domestic
boundary treatment, however, the appeal fence wraps around the site for a
considerable length and despite the hit and miss design, it appears as a solid
structure. This, combined with its height, the conspicuous concrete posts, and
prominent siting along a highly visible boundary, results in it forming a visually
assertive feature within the street scene.
10. The appellant has provided other examples of boundary treatments at No’s 4, 7
and 12 Beechwood Avenue. However, I have limited details of the increase in
height of a brick wall constructed at No 4, and the hedge at No 7 fronts a gated
entrance to an extensive garden and is not a comparable property to the appeal
site. Whilst there is a taller, weathered, timber fence covered in foliage at No 12, it
is an isolated example, which does not include prominent concrete posts. These
examples therefore differ in their design and scale and do not lead me to a different
conclusion. Consequently, the fence appears incongruous and out of keeping with
the established pattern of development.
11. Whilst a boundary treatment of up to 1 metre adjacent to the highway may be
erected without planning permission, the appeal proposal is materially taller, and it
is the visual effect of the additional height and resulting enclosure which forms the
basis of my concerns.
12. The appellant suggests that planting could be introduced to soften the appearance
of the fence over time. However, no details have been provided to demonstrate that
this could be feasibly accommodated along the length of the boundary. As such, I
cannot be satisfied that the proposed planting would be effectively delivered, and it
would not be reasonable to rely on a planning condition to mitigate the identified
harm.
13. I therefore conclude that the development has a harmful effect on the character and
appearance of the area. Accordingly, the development conflicts with policies
ENV 6, DM3 and DM21 of the Cheshire West and Chester Council Local Plan
(Parts One and Two) (2015), which seek to ensure that development respects local
character, responds positively to its surroundings and contributes to a high-quality
sense of place through appropriate layout and design.
Appeal Decision 6008677
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Other Matters
14. I attach moderate weight to the increased privacy and security afforded by the
fencing. However, these benefits do not outweigh the identified harm to the
character and appearance of the area, nor has it been demonstrated that these
benefits could not be achieved through means that have a lesser impact on the
character and appearance of the area.
Conclusion and Recommendation
15. For the reasons given above and having had regard to all other matters raised, I
recommend that the appeal should be dismissed.
Ellie Nutman
APPEAL PLANNING OFFICER
Inspector’s Decision
16. I have considered all the submitted evidence and my representative’s report and on
that basis the appeal is dismissed.
M J Francis
INSPECTOR
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