Case 3300012

4 Tall Trees Close, Kingswood, Maidstone, KENT, ME17 3PT

Maidstone Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
20 March 2023
Authority
Maidstone Borough Council
Inspector
Hall C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Stephen Bontoft
LPA reference
22/500896/FULL
ONS LPA code
E07000110
Jurisdiction
Transferred
Link status
Not Linked
Start date
24 August 2022

Summary AI

The appeal for a close board fence and demolition of an existing brick boundary wall was dismissed due to its impact on the character and appearance of the area. The inspector considered that the fence would introduce harsh and urbanising features to the street scene, and its appearance would not be ameliorated through staining of the panels.

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

PDF text

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4 Tall Trees Close, Kingswood, Maidstone, KENT, ME17 3PT — Maidstone Borough Council | | Appeal Decision | | --- | --- | | S | ite visit made on 22 February 2023 | | b | y C Hall BSc MPhil MRTPI | | a | n Inspector appointed by the Secretary of State | | D | ecision date: 20th March 2023 |

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4 Tall Trees Close, Kingswood, Maidstone, KENT, ME17 3PT — Maidstone Borough Council | | Appeal Decision | | --- | --- | | S | ite visit made on 22 February 2023 | | b | y C Hall BSc MPhil MRTPI | | a | n Inspector appointed by the Secretary of State | | D | ecision date: 20th March 2023 | | | Appeal Ref: APP/U2235/W/22/3300012 | | --- | --- | | | 4 Tall Trees Close, Kingswood, Maidstone, Kent ME17 3PT | | | • 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 Stephen Bontoft against the decision of Maidstone Borough | | | Council. | | | • The application ref. 22/500896/FULL, dated 14 March 2022, was refused by notice | | | dated 17 May 2022. | | | • The development proposed is the change of use of land to residential garden, erection | | | of a 1.9m close board fence and demolition of existing 1.9m brick boundary wall. |

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4 Tall Trees Close, Kingswood, Maidstone, KENT, ME17 3PT — Maidstone Borough Council | | Appeal Ref: APP/U2235/W/22/3300012 | | --- | --- | | | 4 Tall Trees Close, Kingswood, Maidstone, Kent ME17 3PT | | | • 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 Stephen Bontoft against the decision of Maidstone Borough | | | Council. | | | • The application ref. 22/500896/FULL, dated 14 March 2022, was refused by notice | | | dated 17 May 2022. | | | • The development proposed is the change of use of land to residential garden, erection | | | of a 1.9m close board fence and demolition of existing 1.9m brick boundary wall. |

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4 Tall Trees Close, Kingswood, Maidstone, KENT, ME17 3PT — Maidstone Borough Council Decision 1. The appeal is dismissed. Preliminary Matters 2. I have taken the description from the Council's decision notice as it better reflects the proposal. 3. At my site visit, I saw that the development has been completed and I note that the application has been submitted retrospectively. Main Issue 4. The main issue is the effect of the development on the character and appearance of the area. Reasons 5. The appeal site consists of a detached, two-storey house on a cul-de-sac of other dwellings of broadly similar size and design. The end of the rear garden adjoins Laurel Grove, where there is a large turning circle and on-street parking area. 6. Much of Laurel Grove is open plan. Any front boundary treatments that are present along this stretch of the public highway generally comprise of mature shrubs and hedgerows, which contribute positively to the street scene and give the neighbourhood a pleasant suburban feel. 7. In contrast, the appeal development is of a solid appearance, spanning the entire width of the plot at the back, and clearly visible from the public domain and the front gardens of other properties.

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4 Tall Trees Close, Kingswood, Maidstone, KENT, ME17 3PT — Maidstone Borough Council I consider that the fencing panels introduce harsh and urbanising features to the street scene, and appear incongruous within the context of the locality. _________________________________________________________________________________ https://www.gov.uk/planning-inspectorate

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4 Tall Trees Close, Kingswood, Maidstone, KENT, ME17 3PT — Maidstone Borough Council I consider that the fencing panels introduce harsh and urbanising features to the street scene, and appear incongruous within the context of the locality. _________________________________________________________________________________ https://www.gov.uk/planning-inspectorate

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4 Tall Trees Close, Kingswood, Maidstone, KENT, ME17 3PT — Maidstone Borough Council Appeal Decision APP/U2235/W/22/3300012 __________________________________________________________________________________________ 8. Being in close proximity to the public highway, there is little space for vegetation in front to soften or screen the fencing. The soil strip that is present is very narrow, and to my mind would not allow for adequate planting to establish and mature such that it would soften or screen the fencing. I am also of the opinion that the discordant appearance of the proposal would not be ameliorated through staining of the panels. 9. I appreciate that the appellant has tried to tidy the site and cleared any rubbish that may have been dumped there. I also recognise that the scheme would improve security and privacy, the topography of the land has not been the subject of alteration, and the appeal site and neighbouring land are not designated for their biodiversity or heritage importance.. However, these matters do not outweigh the harm that I have identified above. 10. I observed on my site visit that there are other close board fences in the wider residential estate. However, I am not aware of the circumstances surrounding the installation of these fences.

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4 Tall Trees Close, Kingswood, Maidstone, KENT, ME17 3PT — Maidstone Borough Council In any event, other boundary treatments would be neutral considerations in any balance against planning harm, and I am mindful that each case must be assessed on its own merits. 11. I consider that the proposal results in harm to the character and appearance of the area. It conflicts with Policies SP17, DM1, DM3 and DM30 of the Maidstone Borough Local Plan October 2017, which seek to ensure new development is of acceptable scale and appearance. It would also be inconsistent with the advice in the National Planning Policy Framework, which states that good design is a key aspect of sustainable development. Conclusion 12. Having regard to the above and all other issues raised, I conclude that the appeal should be dismissed.

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4 Tall Trees Close, Kingswood, Maidstone, KENT, ME17 3PT — Maidstone Borough Council — C Hall 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

Character and appearance
Against appellant
¶7

The fencing panels introduce harsh and urbanising features to the street scene, and appear incongruous within the context of the locality.

Character and appearance
Against appellant
¶8

There is little space for vegetation in front to soften or screen the fencing, and the soil strip would not allow for adequate planting to establish and mature.

Character and appearance
Against appellant
¶9

The discordant appearance of the proposal would not be ameliorated through staining of the panels.

Other
Neutral
¶10

Other boundary treatments in the area are neutral considerations in any balance against planning harm.

Policies relied on

Reference Weight
SP17
Determinative
DM1
Determinative
DM3
Determinative
DM30
Determinative

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 20 March 2023 under the Open Government Licence.