Appeal 3360802

The appeal is dismissed.

The description of development is taken from the Council’s decision notice. The description of development provided on the appeal form also includes background information relating to the appeal site and the proposal.

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

The appeal property is a two storey, stone-built, end of terrace dwelling. It is located in a prominent position at the corner of [address] and [address]. The dwelling fronts the pavement and has a yard area to the rear.

The appeal property is located in a largely residential area characterised by the presence of rows of terraces of two-storey stone-built dwellings. Dwellings front the pavement and have yards to the rear.

Terraces in the area are laid out on a grid pattern on the side of a steep hill. This provides for a sense of formality which combines with the similar appearance of the stone-built terraced dwellings to afford the area with a pleasant sense of uniformity. Gaps at the end of terraced rows, where streets cross, provide for a sense of spaciousness, further enhanced by the topography of the area, which provides for airy views. [address] itself slopes considerably, from north west to south east.

[address] runs along the side of the appeal dwelling. Along the appeal dwelling side of this street, there are notable gaps between gable ends and the pavement, including grass verges, an area with a low wall and fence and immediately adjacent to the appeal dwelling, a small partly-planted area of open space.

I find that these small areas comprise important gaps that make a significant contribution to the spaciousness of the area.

The proposed development would comprise a tall fence. It would fully enclose the gap adjacent to the appeal dwelling and it would reach a height considerably taller than the low wall and fence across the ginnel from the appeal dwelling. Further the proposed materials would appear unlike any other boundary feature in the area situated in such a prominent location.

Taking the above into account, I find that the proposal would draw attention to itself as an incongruous feature. The harm arising from this would be exacerbated as a result of the prominent location of the gap, towards the top of a long slope and within an area notable for its spacious qualities.

Further, the proposed development would, due to its height and prominence, reduce the spacious qualities of this part of [address]/[address].

Taking all of the above into account, I find that the proposed development would harm the character and appearance of the area, contrary to the National Planning Policy Framework; and to Policies NE3 and SP5 of the Burnley Local Plan (2018), which together amongst other things, seek to protect local character.

In support of the proposal, the appellant states that the proposal would enable him to address fly-tipping and the dropping of litter; as well as provide for a safe storage area. These are factors in favour of the proposal but they do not outweigh the harm identified.

For the reasons given above, the appeal does not succeed.