Appeal 3363620

The appeal is dismissed insofar as it relates to erection of an aviary in the outside garden. The appeal is allowed insofar as it relates to erection of a gazebo and planning permission is granted for a wooden gazebo in the inside garden at [address], Altrincham, Trafford [postcode] in accordance with the terms of the application, Ref 115347/HHA/25, and the plans submitted with it so far as relevant to that part of the development hereby permitted and subject to the following conditions:

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans insofar as they relate to the proposed wooden gazebo: location and block plan and proposed floor plan and elevations, reference IPS/R/02/ [postcode] .

The main issue is the effect of the proposals on the character and appearance of the streetscene and surrounding area.

The appeal building is a two storey detached dwelling located within a modern housing development. The dwellings are set within a winding estate road network with cul-de-sacs and with integral landscaping as part of the overall layout, comprised of grassed areas, trees and low hedges.

The proposed wooden gazebo would be located within the rear garden area. It would be largely screened from public view from the road of [address] by a brick boundary wall, garage, and garden trees. The Council considers that the gazebo would have no unacceptable impact on the residential amenity of any neighbouring dwellings and would comply with policy L7 of the [name]. I see no reason to disagree and this part of the development should be permitted.

The proposed aviary would have a white PVC pipe frame wrapped in metal chicken-wire type mesh. The aviary would be sited between two trees in the side garden of the property. The side garden is in a prominent corner position and the proposed aviary would be capable of being overlooked from the front elevations of opposing dwellings at 12 and [address] and by passing traffic and pedestrians.

The dwellings in the vicinity have a harmonious appearance, being built in red/brown brick and grey roof tiles. The proposed aviary would appear unduly obtrusive and incongruous and would reduce the pleasant landscape setting of the dwelling and of the residential area because of its siting, scale, appearance, and use of materials.

I find that the proposed aviary would harm the character and appearance of the streetscene and surrounding area. It would conflict with policy JP-P1 of the Places for Everyone Joint Development Plan which seeks to ensure that development respects and acknowledges the character and identity of the locality in terms of design. It would fail to comply with the Council’s adopted Supplementary Planning Document, SPD4: A Guide for [address] Extensions and Alterations which seeks to ensure that development in the space around dwellings has no adverse effect on the streetscene. The proposed aviary would also conflict with the design objectives in the National Planning Policy Framework.

The proposed aviary would not comply with the development plan as a whole and should be dismissed, whereas the proposed wooden gazebo should be allowed.