Appeal 3315516

The appeal is dismissed.

Since it more accurately describes the nature of the development, I have used the description utilised in the Council’s decision letter rather than that set out in the original application form. As the description implies, the fence was erected without planning permission, is substantially complete, and the appellant wishes to retain it. I shall therefore proceed as if the original application had been made under s73A of the Act1.

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

The appeal property is a large attractive dwelling, set within a spacious plot, with gardens to the front, sides and rear. Because the plot is sited at a road junction, much of the garden would lack privacy and security unless adequately screened. The screening function was previously performed by a leylandii hedge, but this was removed in its entirety and replaced by a relatively tall fence, supported by concrete pillars. I have no reason to doubt the accounts provided of the poor condition of the hedge prior to its removal. The fence has been erected virtually at the boundary with the public highway, thus allowing no space for planting to its front.

The appellant has pointed to several other examples of what he regards as similar types of fencing having been erected within the locality, and of other forms of solid garden enclosures, including walls. However, I drove around the 1 The Town & Country Planning Act 1990 (as amended) surrounding streets during my site visit and judging from what I saw, the majority of garden enclosures were green, with a variety of plant species on display. In some cases, low walls were supplemented by planting, and in others planting was used in association with higher enclosures of a more permanent nature.

The overall impression I gained was this was a good quality residential area characterised not only by relatively low density housing, but by its overall verdant nature, where individual and groups of trees were supplemented by greenery in the form of hedging at ground level. Where plain and stark fencing had been used these, to my mind, stood out conspicuously and harmfully. Their presence, in itself, does not justify further harmful development.

In view of the dimensions of the appellant’s plot and because the fence erected stands at a junction, it extends a significant length along two frontages and is therefore prominent in the street scene. To my mind, notwithstanding the good quality of the materials utilised, it stands as a stark and harsh addition to the street scene damaging its character and appearance. I fully understand the appellant’s desire for security and privacy, but these two objectives could in my view have been achieved in a different and more acceptable manner, and one which paid due and proper regard to the visual amenities of the surrounding area.

I therefore conclude that the development stans conspicuously and obtrusively in its spatial and visual context harming the character and appearance of its surroundings. Accordingly, I find a clear conflict with those provisions of Policy HE2 of the Christchurch and East Dorset Local Plan – [name] directed to ensuring high quality design in new development reflecting and enhancing areas of recognised local distinctiveness, such as this, which carries a local designation as a Special Character Area2 largely on account of its verdant nature.

The appellant’s comments on the SPG have been noted, that is, that he has been informed that it will shortly be superseded. As matters stand, however, it remains as a material consideration carrying due weight not least since it is specifically referred to in local development plan policy as a matter to be taken into account in planning decisions.

I have noted and considered the expressions of support made by some local residents, and those of the [site address] Parish Council who objected to the scheme.

I have considered all other matters raised in the representations, but none is of such strength or significance as to outweigh those that led me to my