Appeal 3279046

The appeal is allowed and planning permission is granted for proposed 1.8m high timber fence to side garden at [site address] in accordance with the terms of the application, Ref 20/01396/FULH, dated 24 September 2020 and the plans submitted with it.

I saw at the site visit that the fence has already been erected, therefore consent is sought retrospectively and I have determined the appeal on this basis.

The appeal site already has an extensive planning history, but this appeal only concerns proposals for the 1.8m high timber fence to the side of the property.

The main issue is the effect of the proposed development on the character and appearance of the area.

The appeal site consists of a new build property in an attractive new housing estate. The property is located adjacent to a junction and the orientation of the property is such that the fence to the side of the property is clearly visible from the road and other public spaces.

I note that the submitted plans show that the old fence was not inline with the side elevation of the dwelling and already projected out towards the road. Therefore, a principal effect of the appeal scheme is to increase this projection towards the adjacent road.

I saw at the site visit that the appeal scheme is viewed within the context of the boundary treatments of neighbouring properties that form the streetscene in this part of the new estate, including the use of some prominent fencing opposite the appeal property.

The appeal scheme retains an element of planting between the fence and footpath, softening the appearance of the fence and retaining an, albeit small, buffer space to the public realm. Furthermore, planting to the front of the fence, to the side of the property, effectively softens the otherwise blunt appearance of the fence such that the appeal scheme does not appear as a prominent or incongruous feature when viewed from both short and longer distance views.

I have not been provided with all the details of the previously approved1 side extension to the property. I understand that should it be constructed, much of the boundary treatment subject of this appeal would have to be removed and that the side extension would screen the remaining fence from the front. To the rear, the space available for compensatory landscaping would be reduced but based on the evidence before me I am satisfied that some space would remain for some albeit limited planting.

For the reasons detailed above I find that the appeal scheme would not harm the character and appearance of the area and is therefore not contrary to Policies S1.4, DM6.1 and DM6.2 of the North Tyneside Local Plan, the Design Quality Supplementary Planning Document (SPD) (2018) that amongst other matters seeks that new development has a positive relationship to existing buildings and spaces.

For the reasons given I conclude that the appeal should succeed.