Appeal 3283524

The appeal is allowed and planning permission is granted for installation of a 1.9 metre high timber panel fence at [site address] , [site address] [site address] [postcode] in accordance with the terms of the application, [name]/MAL/21/00605, dated 1 June 2021, and the plans submitted with it.

From my site visit and on the basis of the evidence before me, the fencing has been erected and the development is retrospective.

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

The appeal site is in a rural location where mature trees and hedgerows line the northern side of the road and provide pleasant canopies which overhang the carriageway. Despite being outside any settlement boundary defined by the Local Development Plan 2017 (the LDP), the [site address] Village Design Statement 2017 acknowledges the appeal site to be within an area of settlement and it is one of a small number of residential properties on this side of [site address] . These other nearby properties have varied front boundary treatments including low level fencing with hedges behind. Despite being a rural location, the presence of residential boundary treatments is an established feature on the south eastern side of the road and this contributes to its overall character.

The fencing which has been installed is higher than the other nearby boundary treatments, and occupies a significant length of the edge of the highway which is reflective of the plot size. Despite this, the fencing is set back and allows a sizable grass verge to be maintained at the edge of the road. In combination with the mature trees just inside the boundary of the appeal site, and the mature trees and hedgerows opposite, the verdant character of the area is maintained. Furthermore, due to the presence of other residential boundary treatments on the road, I do not find the fencing to be incongruous with the character of the area. Despite its dark colour, as it is set back from the road and set beneath the tree canopies, I do not find this causes visual harm nor results in the fencing being unduly prominent.

Overall, the development preserves the character and appearance of the area. As such it is compliant with Policies S1, D1, S8 and H4 of the LDP which together require development to respect local character and be appropriately designed, and that it should not adversely impact on the intrinsic character and beauty of the countryside. The development also adheres to the design objectives set out in the National Planning Policy Framework (the Framework).

I do not find conflict with the [site address] Village Design Statement 2017, insofar as it requires that street frontage boundaries should be in keeping with existing environmental characteristics.

The matter of inadequate drawings was addressed by the Council at the application stage. Issues relating to other works on the appeal site, lie outside the scope of this appeal.

I have considered the conditions put forward by the Council and I have had regard to the advice in Planning Practice Guidance and the Framework in respect of conditions. As the development has already been carried out, conditions requiring construction in accordance with the approved plans and details of materials do not meet the test of necessity.

For the above reasons, having taken account of the development plan as a whole, the approach in the Framework, along with all other relevant material considerations, I conclude that the appeal should be allowed.