Amenity land garden fence at 63 Barrington Close, Witney

“Application Details: Change of use of parcel of land from amenity to residential and erection of a boundary fence to enclose garden.”

“W88/1046 - Residential Development. Approved. 18th August 1988. The application site for this pending application was shown as part of the approved landscaping for the development. Condition 2 restricted permitted development rights for fences, gates or walls within the curtilage of any dwellinghouse forward of any wall of that dwellinghouse which fronts on to a road or footpath to ensure that means of enclosure are not erected which would detract from the open plan…”

“Despite dismissing the appeal, the Inspector did not take issue with the use of the land and its enclosure by timber fencing. It was considered that the position of the boundary fence followed the line of the stone wall further along the street. Furthermore, the absence of development to the side of No 59 meant that a degree of separation and spaciousness had been maintained.”

“Whilst Officers acknowledge the local concern that the approval of the application may set a precedent for future development, due to the planning history context, it is considered that it would be difficult for Officers to successfully argue that the proposed development is unacceptable.”

“The Town Council have expressed concern about the loss of publicly accessible amenity land and the associated environmental and planning concerns. For the reasons set out above, Officers consider that the proposed development is acceptable.”

“Members consider that the enclosure of this land into a private residential garden represents an unjustified encroachment of private curtilage onto land which currently forms part of the wider communal amenity space within the development. The proposal would result in the permanent loss of land intended for the benefit and enjoyment of the wider community and would erode the openness and character of the area.”

“The Council considers the proposal to be contrary to Policies OS2 and EH3 of the West Oxfordshire Local Plan 2031, which seek to protect valued green infrastructure, amenity land and the character of the built and natural environment. The loss of this area of communal land would diminish the contribution it makes to the environmental quality and visual amenity of the locality.”

“The applicant has submitted a planning statement which, in summary, makes the following points:”

“A timber fence will sit more comfortably within the existing street scene as it reflects the current arrangement that exists at the other end of the road. • Regarding precedent there are a number of examples of approved change of use applications to amenity land and the provision of new boundary fencing within close vicinity of this application site.”

“The applicant had to demonstrate why the site did not meet the required biodiversity net gain and a condition was included to show that the development was carried out in accordance with enhancement features. Councillor Jack Treloar proposed that the application be approved in line with officer’s recommendations. This was seconded by Councillor Godfrey and put to the vote. Voting Record – For 11 Against 0 Abstentions 0 The Sub-Committee Resolved to: 1.”