Appeal 3301592

The appeal is dismissed.

I have altered the description of the development in the banner heading from that on the application form and decision notice, to be more concise.

The fence that forms the subject of this appeal has been erected but, in terms of the details in the application, not yet finished. I have dealt with the appeal on that basis.

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

[site address] is a modern semi-detached property located adjacent to the junction of [address] and [name], close to the edge of the settlement. The surrounding area has a semi-rural character and nearby dwellings are of a variety of ages and styles. Boundary treatment along [address] varies but predominantly comprises mature hedging and/or low walls which contribute positively to the area’s character. [name] boundary treatments are predominantly fencing. That fencing is generally low where it bounds a pavement and higher between properties and away from the road.

The fence which is the subject of this appeal is constructed in timber and increases in height from 1m at the junction of the two roads to 1.6m at the side. It sits immediately at the back of the footpath and extends around a curve in the road to the rear of the property where there is a close boarded fence of a similar height. I understand that the fence replaced an earlier one although there are no details of that original fence before me. It is proposed to complete the fence with a black stain to match the fence/gate at the rear of the property. In addition, the application form indicates that additional lats are to be fixed to the fence to match fencing at the rear. I noted at my site visit that an evergreen hedge has been planted behind the fence and can be seen through it.

The fence, because of its height, length and position at the back of the footpath close to the road junction, is highly prominent within the street scene and can be seen for a distance along [address]. In its current state the fence appears as a prominent and stark urban feature that fails to respect the semi-rural characteristics of the wider area. Viewed from within [name], the fence has a dominant, imposing effect, and is more enclosing than the low fencing which generally borders the street. Once additional lats are fixed to the fence it would have a more solid appearance. Accordingly, if the development were to be completed in that respect it would appear even more imposing than it currently is.

I recognise that being a corner plot, the side boundary needs to be made secure and accessible and, in that respect, the gated fence is of benefit to the appellant. However, I am unconvinced that a similar benefit could not be achieved by a different arrangement which did not harm the character and appearance of the area. I also accept that once the fence is stained a dark colour as is proposed, its appearance would change. Nevertheless, because of its position, height and length along [name], the fence would still appear as an imposing and prominent feature out of character with the wider area. [name] acknowledge the appellant’s point that the hedge is of a similar height, it has different, softer, and more natural character to that of the fencing and therefore a different effect on the appearance of the street. Accordingly, this does not justify the proposal.

For these reasons the proposal has a harmful effect on the character and appearance of the area. As such it fails to comply with the Policy HP3 of the Harrogate District Local Plan adopted in 2020 which requires that development should protect, enhance and reinforce those qualities that contribute to the local distinctiveness of the district’s urban and rural environment, by taking account, amongst other things, of the spatial qualities of an area and its built form. There are no other circumstances before me which indicate that planning permission should be granted contrary to adopted policy.

Therefore, taking into account all other maters raised, the appeal is dismissed.