Appeal 3300924

The appeal is allowed and planning permission is granted for front boundary wall and gates at [site address] in accordance with the terms of the application, Ref 22/00137/FUL dated 14 January 2022, and the plans submitted with it, subject to conditions set out below. (1) The development hereby permitted shall be carried out in accordance with the following approved plans: 5967/01, 5967/03 and 5967/05. (2) Within three months of this decision, details of soft landscape in front of the hereby approved wall and gates including specifications of species, sizes, planting centres, number and percentage mix including a five year maintenance plan shall be submitted to and approved in writing by the Local Planning Authority. The landscaping shall be carried out as approved within the next available planting season or in accordance with a timetable agreed in writing with the Local Planning Authority.

At the time of my site visit, a wall and gates were in place, I understand that the proposed development slightly reduces the height from that built. The application made clear that the scheme had been submitted part retrospectively and I have dealt with the appeal on that basis.

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

The site is within a predominantly rural residential area with varying boundary enclosures within the immediate area. The Appellant contents that permission exists for a similar wall along the frontage of the appeal site, however the gate permitted was a five bar timber gate rather than the metal gates proposed.

Notwithstanding this I observed that the bricks used in the construction of the wall are rustic this along with the proposed landscaping to the front of the wall would soften the appearance and compliment the verdant rural area.

The gates are larger and differ in material to those in the area, however due to the sweeping wall which provides a set back of the gates along with the open metal railings the boundary enclosure does not appear incongruous and does retain an open aspect.

I find that the proposal does not harm the character and appearance of the area. There is no conflict with Policies DM8 and DM23 of the Chelmsford Local Plan (2020) which amongst other things seeks to support the delivery of high quality developments which respects the character and appearance of an area.

For the above reasons I conclude that this appeal should be allowed. Conditions relating to standard time limit for commencement of development, and materials to be used are not relevant or necessary as the development is part retrospective.

I have imposed a standard condition specifying the relevant plans as this provides certainty. In order to safeguard the character and appearance of the area I have imposed a condition concerning landscaping to be provided.