Case 3268437

Flat 1 , The old rectory Forde Park, Newton Abbot, Devon, TQ12 1DD

Teignbridge District Council — appeal dismissed

Outcome
Dismissed
Decision date
14 July 2021
Authority
Teignbridge District Council
Inspector
Jones M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Mr Michael Prowse
LPA reference
20/01889/HOU
ONS LPA code
E07000045
Jurisdiction
Transferred
Link status
Not Linked
Start date
5 May 2021

Summary AI

The appeal to erect a featheredge fence at The Old Rectory was dismissed due to the potential harm to the character and appearance of the Forde Park Conservation Area. While the fence would improve security and living conditions, these benefits were outweighed by the harm caused to the conservation area.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Flat 1 , The old rectory Forde Park, Newton Abbot, Devon, TQ12 1DD — Teignbridge District Council — Appeal Decision Site visit made on 7 July 2021 by Matthew Jones BA(Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 14 July 2021 Appeal Ref: APP/P1133/W/21/3268437 Flat 1, The Old Rectory, Forde Park, Newton Abbot, Devon TQ12 1DD • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Michael Prowse against the decision of Teignbridge District Council. • The application Ref 20/01889/HOU, dated 8 October 2020, was refused by notice dated 21 January 2021. • The development proposed is erection of featheredge fence at The Old Rectory to provide security. Decision 1. The appeal is dismissed. Procedural Matter 2. The proposal relates exclusively to a section of fencing which has been erected along the front boundary of the site. I made my assessment on that basis. Main Issue 3. The main issue is the effect of the proposal on the character and appearance of the area bearing in mind the special attention that should be paid to the extent to which it would preserve or enhance the character or appearance of the Forde Park Conservation Area (the CA). Reasons 4. The Old Rectory is within the CA.

Page 1 · Chunk 1 Appeal Decision

Flat 1 , The old rectory Forde Park, Newton Abbot, Devon, TQ12 1DD — Teignbridge District Council — Appeal Decision The Forde Park Conservation Area Character Appraisal (2018) sets out the significance of the CA, which derives from its fine villas set around the parkland of Forde Park within softly landscaped grounds regularly defined by quite low limestone walls. The relative absence of tall boundary treatments provides an openness between spaces which integrates private gardens into a verdant and high status, pseudo rural village setting. 5. Whilst timber is also present, it tends to form modest, moveable elements of the street scene, such as gates. In the limited instances where lengths of timber fencing form a more integral part of a garden boundary, they do not make a positive contribution to the CA and are not a positive design precedent. The modest, gapped fencing at the pavilion is suitable for what is an individual building, partly formed in timber, which is uniquely sited within Forde Park. 6. Whilst I understand that the hedging that has been removed from the front of Flat 1 was beset with bramble and weeds, it is nonetheless likely that it made a positive contribution to the parkland attribute of the CA.

Page 1 · Chunk 2 Appeal Decision

Flat 1 , The old rectory Forde Park, Newton Abbot, Devon, TQ12 1DD — Teignbridge District Council — Appeal Decision The removal of this greenery and its replacement with a stark and utilitarian close boarded timber https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Flat 1 , The old rectory Forde Park, Newton Abbot, Devon, TQ12 1DD — Teignbridge District Council — Appeal Decision The removal of this greenery and its replacement with a stark and utilitarian close boarded timber https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Flat 1 , The old rectory Forde Park, Newton Abbot, Devon, TQ12 1DD — Teignbridge District Council — Appeal Decision Appeal Decision APP/P1133/W/21/3268437 fence has been deleterious to the verdant appearance of the site frontage, its openness, quality, and consequently its role within the Forde Park scene. This is not resolved by the modest planting that has been carried out atop the wall, nor could it be resolved by painting the fence in my opinion. 7. The level of harm is less than substantial. Nevertheless, the National Planning Policy Framework (the Framework) states that great weight should be attributed to a heritage asset’s conservation and that any harm falls to be weighed in the balance with the public benefits of the development, including securing its optimum viable use. As heritage assets are irreplaceable, any harm requires clear and convincing justification. 8. Whilst the appellant contends that the fencing has improved security at Flat 1, there is no evidence before me of crime being a particular or tangible problem here. As such, any reduction in crime or the fear of crime is a public benefit of modest weight. The improvement to living conditions in terms of privacy for occupants of Flat 1 is also a public benefit of modest weight.

Page 2 · Chunk 5 Appeal Decision

Flat 1 , The old rectory Forde Park, Newton Abbot, Devon, TQ12 1DD — Teignbridge District Council — Appeal Decision These benefits do not provide a clear and convincing justification for the harm to the CA, to which I attach considerable importance and weight. 9. Consequently, I conclude that the proposal would have an unacceptable effect on the character and appearance of the area bearing in mind the special attention that should be paid to the extent to which it would preserve or enhance the character or appearance of the CA. It would conflict with the heritage and design aims of Policies S1, S2, WE8 and EN5 of the Teignbridge Local Plan 2013-2033 (adopted 2014) and the Framework. Conclusion 10. For the reasons outlined above, and taking all other matters raised into account, I conclude that the appeal should be dismissed.

Page 2 · Chunk 6 Matthew Jones

Flat 1 , The old rectory Forde Park, Newton Abbot, Devon, TQ12 1DD — Teignbridge District Council — Matthew Jones INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Heritage impact
Against appellant
¶4

The Forde Park Conservation Area Character Appraisal sets out the significance of the CA, which derives from its fine villas set around the parkland of Forde Park within softly landscaped grounds regularly defined by quite low limestone walls.

Heritage impact
Against appellant
¶5

The modest, gapped fencing at the pavilion is suitable for what is an individual building, partly formed in timber, which is uniquely sited within Forde Park.

Heritage impact
Against appellant
¶6

The removal of greenery and its replacement with a stark and utilitarian close boarded timber fence has been deleterious to the verdant appearance of the site frontage.

Character and appearance
Against appellant
¶7

The proposal would have an unacceptable effect on the character and appearance of the area bearing in mind the special attention that should be paid to the extent to which it would preserve or enhance the character or appearance of the CA.

Policies relied on

Reference Weight
NPPF 208
Determinative
Local Plan D1
Substantial
Local Plan WE8
Substantial
Local Plan EN5
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 14 July 2021 under the Open Government Licence.