Land off Pipers Hill & Church Meadow, Great Gaddesden, Hemel Hempstead, Herts, HP1 3BU
Dacorum Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 2 November 2021
- Authority
- Dacorum Borough Council
- Inspector
- Clarke B
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Householder developments
- Appellant
- Mr & Ms David Bishop & Hutchins
- Agent
- A D Practice Ltd
- LPA reference
- 4/02109/19/FUL
- ONS LPA code
- E07000096
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 2 July 2021
Summary AI
The appeal to build a fence was dismissed due to concerns that it would negatively impact the character and appearance of the surrounding area. The inspector considered the fence's design and height, as well as its location and visibility from nearby dwellings.
PDF text
Land off Pipers Hill & Church Meadow, Great Gaddesden, Hemel Hempstead, Herts, HP1 3BU — Dacorum Borough Council — Appeal Decision Site Visit made on 19 October 2021 by Benjamin Clarke BA (Hons.) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 2nd November 2021 Appeal Ref: APP/A1910/W/21/3273281 Land off Pipers Hill & Church Meadow, Great Gaddesden, Hemel Hempstead HP1 3BU • 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 & Ms Bishop & Hutchins against the decision of Dacorum Borough Council. • The application Ref 4/02109/19/FUL, dated 2 September 2019, was refused by notice dated 20 October 2020. • The development proposed is Site fencing: altering fencing and alteration; and completion of hardstanding. Decision 1. The appeal is dismissed. Procedural Matter 2. A fence has been installed at the appeal site. However, the submitted plans show that the height of a section of this would be reduced in height. I have therefore determined the appeal with reference to the scheme shown on the submitted plans. Main Issue 3. The main issue in this appeal is the effect of the fence upon the character and appearance of the surrounding area. Reasons 4. The appeal site is located on the edge of the settlement.
Land off Pipers Hill & Church Meadow, Great Gaddesden, Hemel Hempstead, Herts, HP1 3BU — Dacorum Borough Council — Appeal Decision The character of the appeal site, and the surrounding area can be summarised as featuring traditionally designed structures, including boundary treatments, and open areas. This means that the settlement harmonises with its rural surroundings. 5. The fence that is the subject of this appeal has been constructed to a significant height and of a weldmesh type. In consequence, the fence would have a design and form that would conflict with the traditional designs that are present elsewhere in the vicinity. In addition, whilst the fence would have views through it, its massing would be particularly perceptible. Therefore, the development is incongruous. 6. This is a concern given that the development is prominently located on account of the topography of the surrounding area and the proximity of the fence to the road. In particular, the fence is visible from the junction of Piper’s Hill and Church Meadow. https://www.gov.uk/planning-inspectorate
Land off Pipers Hill & Church Meadow, Great Gaddesden, Hemel Hempstead, Herts, HP1 3BU — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/21/3273281 7. Furthermore, the fence has a significant length so is also visible from a significant number of dwellings in Church Meadow. In result, the development is experienced by a notable number of people, which renders it strident. 8. The development has enclosed the appeal site to a substantial degree. This conflicts with the presence of more open areas of land that is a feature of the surrounding area. In addition, other boundary treatments typically are of limited proportions. In result, the development of a long fence with a notable height conflicts with the generally open and more rural surroundings of the appeal site and is therefore incongruous. 9. The proposed development is adjacent to an existing wall. However, the proposed development is constructed of a significantly different materials palette and therefore has a greater effect on the character and appearance of the surrounding area. 10. The appeal site is near to some other fencing. However, I have not been provided with the full information regarding their planning circumstances, which lessens the weight that I can attribute to these. Nonetheless, I note that these are less prominent than the appeal scheme before me.
Land off Pipers Hill & Church Meadow, Great Gaddesden, Hemel Hempstead, Herts, HP1 3BU — Dacorum Borough Council — Appeal Decision As they have much shorter lengths and differing proportions, they do not have the same level of adverse effects. 11. The submitted plans show that the fence would be reduced in height for a section of its length. However, this length would represent a relatively short proportion of the development and would remain constructed from an incongruous design. Therefore, whilst this reduction could potentially be secured by a condition, it would not overcome my concerns. 12. I understand that the appeal site has been the venue for some anti-social behaviour. I have not been provided with full information regarding the frequency of events that have occurred. Moreover, I have not been provided with an assessment of other boundary treatments that have been considered and the reasons why they have been discounted. In consequence, I am unable to conclude that the scheme before me represents the only means of securing the site. 13. I therefore conclude that the development would have an adverse effect upon the character and appearance of the surrounding area. The development, in this regard, conflicts with Policies CS11 and CS12 of the Dacorum Core Strategy (2013).
Land off Pipers Hill & Church Meadow, Great Gaddesden, Hemel Hempstead, Herts, HP1 3BU — Dacorum Borough Council — Appeal Decision Amongst other matters, these seek to ensure that developments preserve attractive streetscapes; and integrate with the streetscape character. Other Matters 14. The planning application was originally reported to the Council’s Planning Committee with a recommendation to approve the development. However, in considering this appeal, I have been directed towards relevant development plan policies that have been breached. As harm emanates from these breaches, I therefore do not find that the original recommendation to the Council’s Planning Committee overcomes my findings in respect of the main issue. 15. The evidence before me is not indicative that the proposed development would have an adverse effect upon the character and appearance of the Great Gaddesden Conservation Area. Whilst this is a matter of note, it is only one of https://www.gov.uk/planning-inspectorate 2
Land off Pipers Hill & Church Meadow, Great Gaddesden, Hemel Hempstead, Herts, HP1 3BU — Dacorum Borough Council — Appeal Decision Appeal Decision APP/A1910/W/21/3273281 the matters that must be assessed. It therefore does not outweigh my previous findings. Conclusion 16. The proposal would therefore have an adverse effect upon the character and appearance of the surrounding area. The scheme would therefore conflict with the development plan taken as a whole. There are no material considerations, including the National Planning Policy Framework, that indicate the decision should be made other than in accordance with the development plan. Therefore, for the preceding reasons, I conclude that the appeal should be dismissed.
Land off Pipers Hill & Church Meadow, Great Gaddesden, Hemel Hempstead, Herts, HP1 3BU — Dacorum Borough Council — Benjamin Clarke INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance Against appellant ¶5
The fence's design and form would conflict with the traditional designs present elsewhere in the vicinity.
Character and appearance Against appellant ¶7
The fence's significant length and height make it visible from a notable number of dwellings, rendering it strident.
Character and appearance Against appellant ¶8
The fence's long length and notable height conflict with the generally open and rural surroundings of the appeal site.
Character and appearance Against appellant ¶9
The fence's different materials palette has a greater effect on the character and appearance of the surrounding area compared to existing boundaries.
Character and appearance Against appellant ¶11
Reducing the fence's height for a section of its length would not overcome the inspector's concerns.
Living conditions Neutral ¶12
The inspector notes that the appeal site has been the venue for anti-social behaviour, but cannot conclude that the proposed scheme is the only means of securing the site.
Policies relied on
| Reference | Weight |
|---|---|
| Policies CS11 and CS12 of the Dacorum Core Strategy (2013) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 2 November 2021 under the Open Government Licence.