Case 3271839

Rye Group, Dayson House, Warwick Road, Borehamwood, Hertfordshire, WD6 1US

Hertsmere Borough Council — appeal allowed

Outcome
Allowed
Decision date
10 August 2021
Authority
Hertsmere Borough Council
Inspector
Grierson E
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Rye Street Group
Agent
HERTFORD PLANNING SERVICE
LPA reference
21/0033/FUL
ONS LPA code
E07000098
Jurisdiction
Transferred
Link status
Not Linked
Start date
10 May 2021

Summary AI

The appeal for a new fence and gates at Dayson House was allowed due to its compatibility with the industrial area's character and appearance. The proposal met various planning policies and would not result in significant harm to the area.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Rye Group, Dayson House, Warwick Road, Borehamwood, Hertfordshire, WD6 1US — Hertsmere Borough Council — Appeal Decision Site Visit made on 3 August 2021 by Emma Grierson BSc (Hons) MSc MRPTI Decision by R C Kirby BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 10 August 2021 Appeal Ref: APP/N1920/W/21/3271839 Dayson House, Warwick Road, Borehamwood, WD6 1US • 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 B Duffy (Rye Street Group) against the decision of Hertsmere Borough Council. • The application Ref 21/0033/FUL, dated 6 January 2021, was refused by notice dated 12 March 2021. • The development proposed is for the existing privet hedge and fencing to be removed and replaced with 2.4m high palisade fence with sliding gates to the existing entrance. Decision 1.

Page 1 · Chunk 1 Appeal Decision

Rye Group, Dayson House, Warwick Road, Borehamwood, Hertfordshire, WD6 1US — Hertsmere Borough Council — Appeal Decision The appeal is allowed and planning permission is granted for the existing privet hedge and fencing to be removed and replaced with 2.4m high palisade fence with sliding gates to the existing entrance at Dayson House, Warwick Road, Borehamwood, WD6 1US in accordance with the terms of the application, Ref 21/0033/FUL, dated 6 January 2021, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 14241-S002-1st and 14241-P002-1st. Appeal Procedure 2. The site visit was undertaken by an Appeal Planning Officer whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal. Preliminary Matters 3. The Government published on 20 July 2021 a revised version of the National Planning Policy Framework. Accordingly, and in light of the reference made to the previous iteration of the Framework within the submitted evidence, the parties have been provided with a further opportunity to make submissions in respect of the publication.

Page 1 · Chunk 2 Appeal Decision

Rye Group, Dayson House, Warwick Road, Borehamwood, Hertfordshire, WD6 1US — Hertsmere Borough Council — Appeal Decision The comments which have been received have been taken into account in my consideration of this case. Main Issue 4. The main issue in the appeal is the effect of the proposed development on the character and appearance of the surrounding area. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Rye Group, Dayson House, Warwick Road, Borehamwood, Hertfordshire, WD6 1US — Hertsmere Borough Council — Appeal Decision The comments which have been received have been taken into account in my consideration of this case. Main Issue 4. The main issue in the appeal is the effect of the proposed development on the character and appearance of the surrounding area. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Rye Group, Dayson House, Warwick Road, Borehamwood, Hertfordshire, WD6 1US — Hertsmere Borough Council — Appeal Decision Appeal Decision APP/N1920/W/21/3271839 Reasons for the Recommendation 5. The appeal site is occupied by a commercial building on the corner of Warwick Road and Chester Road, and is within an industrial area. The current boundaries adjacent to the road are made up of a low level hedge, a brick wall and palisade fencing. The proposal would replace these with a taller palisade fence along with a pedestrian access gate and sliding gate for vehicle access. 6. The proposed fencing and gates would be relatively tall and harsher in appearance than the existing boundary treatment and would be located on a prominent corner plot. However due to the location of the site within an industrial area, where similar fences are commonplace, the proposed fence and gates would not be incongruous or dominant within the streetscene. 7. Although the removal of the hedge would result in the loss of a green feature on the site, due to the limited size of it at present, it does not provide a significant contribution to the character and appearance of the area.

Page 2 · Chunk 5 Appeal Decision

Rye Group, Dayson House, Warwick Road, Borehamwood, Hertfordshire, WD6 1US — Hertsmere Borough Council — Appeal Decision Therefore, its loss would not be overly harmful to the appearance of the streetscene and would be somewhat mitigated by the presence of other green features in the area which have greater prominence. 8. It is noted that paragraph 131 of the National Planning Policy Framework (the ‘Framework’) highlights the importance of trees to the character and quality of urban environments. However, due to the limited value of the existing hedge, the proposal would not be contrary to the objectives of the Framework. 9. Consequently, due to the reasons above, the proposal would not result in harm to the character or appearance of the area and would accord with Policy CS22 of the Core Strategy (2013) and Policy SADM30 of the Site Allocations and Development Management Policies Plan (2016). These policies require new development to be of high quality design which respects the visual amenity of the area by virtue of its scale, mass, bulk, height and urban form. 10.

Page 2 · Chunk 6 Appeal Decision

Rye Group, Dayson House, Warwick Road, Borehamwood, Hertfordshire, WD6 1US — Hertsmere Borough Council — Appeal Decision The proposal would also accord with the Part D of the Planning and Design Guide Supplementary Planning Document (2016) which encourages boundaries that defines ownership and provides security, particularly to the sides and rear, without dominating or closing off the street scene. Conditions 11. In addition to the standard time period for commencement of the development, I have attached a condition requiring the development to accord with the approved plans, as this provides certainty and precision. Conclusion and Recommendation 12. For the reasons given above and having had regard to all other matters raised, I recommend that the appeal should be allowed.

Page 2 · Chunk 7 Emma Grierson

Rye Group, Dayson House, Warwick Road, Borehamwood, Hertfordshire, WD6 1US — Hertsmere Borough Council — Emma Grierson APPEAL PLANNING OFFICER https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/N1920/W/21/3271839 Inspector’s Decision 13. I have considered all the submitted evidence and the Appeal Planning Officer’s report and on that basis the appeal is allowed.

Page 3 · Chunk 8 R C Kirby

Rye Group, Dayson House, Warwick Road, Borehamwood, Hertfordshire, WD6 1US — Hertsmere Borough Council — R C Kirby INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Character and appearance
Against appellant
¶7

The removal of the existing hedge would result in the loss of a green feature, but it's small size means it wouldn't provide a significant contribution to the character and appearance of the area.

Character and appearance
For appellant
¶9

The proposal would accord with Policy CS22 and Policy SADM30, which require new development to be of high quality design that respects the visual amenity of the area.

Other
Against appellant
¶8

The inspector notes that paragraph 131 of the National Planning Policy Framework highlights the importance of trees to the character and quality of urban environments, but the existing hedge is of limited value.

Policies relied on

Reference Weight
Policy CS22
Determinative
Policy SADM30
Determinative
Part D of the Planning and Design Guide Supplementary Planning Document (2016)
Moderate

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 10 August 2021 under the Open Government Licence.