Appeal 6001567

The appeal is allowed and planning permission is granted for Revised retrospective application, to retain with modifications, entrance gates. at Upstream, Loudwater, [postcode] in accordance with the terms of the application, Ref 25/0754/RSP, subject to the following conditions:

Within three months of the decision date, the gates, posts, fencing (sited between the post and the eastern flank boundary) and associated lighting hereby permitted shall be amended to match the development labelled as ‘[name] by 200mm [name] shown on [name]. 3449 PL3 C and shall be permanently retained as such thereafter.

The site visit was undertaken by a representative of the Inspector whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal.

During my site visit, I noted that the access gates and fence had been constructed. These differ somewhat to the plans before me which detail the gate posts being a lower height. I have therefore dealt with the appeal on the plans before me.

The main issues are the effect of the proposal on the character and appearance of the Loudwater Estate Conservation Area.

The appeal site lies within the Loudwater Estate Conservation Area, whose significance is derived from its low-density development, Arts and Crafts architecture influences, and the contribution made by mature landscaping. The area generally has a rural and verdant character with long private driveways and informal verge planting.

While many properties have open frontages or boundary treatments of hedging, the Conservation Area is not characterised by the uniformity of boundary treatments. Gates are present throughout the estate and take a range of forms, including timber and metal designs of varying height and complexity. A number of these gates are substantial in scale and are readily visible from the private roads within the estate.

Lighting within the estate is limited, reflecting its semi-rural character, although some individual properties have incorporated gate or pillar-mounted lantern-style lights.

The appeal development comprises timber entrance gates with timber posts, metal detailing, associated low-level lighting and a short length of timber fencing. In visual terms, the gates are taller than the former ones, introducing a more defined boundary than was previously there. However, the materials used are traditional and consistent with the rural qualities of the Conservation Area. The natural timber finish and proportionate size allows the gates to sit comfortably within their landscaped setting, and their slight setback from the road further reduces their prominence within the wider streetscape.

It was evident when I visited the site that similarly scaled, and in some cases more ornate, gates already exist at other properties within the Loudwater Estate Conservation Area. In this context, the appeal gates do not appear visually discordant or out of keeping with the established pattern of development. The gate lighting is modest in scale and traditional in appearance. Similar lighting features are visible elsewhere within the estate and do not introduce an alien or urbanising element.

Taken together, the appeal development preserves the wider character or appearance of the area and Loudwater Estate Conservation Area. It therefore complies with Policies CP1 and CP12 of the Three Rivers District Council Core Strategy (2011), and Policies DM1, DM3 and Appendix 2 of the Three Rivers District Council Development [name] (2013). It would comply with the guidance contained within the Loudwater Estate Conservation Area Appraisal (2013). Together these seek to ensure that developments preserve or enhance that developments preserve or enhance the character and appearance of the area. It would also comply with the National Planning Policy Framework which seeks to ensure that development respect local character.

Reference has been made to a covenant which restricts boundary treatments; however covenants are not within the scope of a planning appeal as they are private matters.

I have considered the advice contained within the Planning Practice Guidance (PPG) relating to conditions. A condition regarding the timing to undertake the works and compliance with the submitted plans are necessary in the interest of certainty.

The conditions recommended by the council has been attached for the avoidance of doubt and to address the discrepancies

For the reasons given above and having had regard to all other matters raised, I recommend that the appeal should be allowed.

I have considered all the submitted evidence and my representative’s report and on that basis the appeal is allowed.