Front boundary fence and gates at 48 Rowthorne Lane, Glapwell, Chesterfield

What was proposed

Retrospective permission was sought for dark grey solid accoya timber fencing and a gate at the front boundary, between 1.55 and 1.88 metres high.

“SUMMARY This is a domestic development seeking retrospective planning permission for a front boundary treatment which consists of fencing panels and a gate finished in solid accoya timber in dark grey. The development has taken place adjacent to the classified highway to the west of Rowthorne Lane, Glapwell. The key issues to address in this report are the visual impacts of the proposed development on the streetscene and highway safety hazards.”

“PROPOSAL The application is seeking retrospective approval for the front boundary treatment which consists of dark grey accoya timber. The fence panels are 1.55m in height and the gate is between 1.55m and 1.88m due to its curved nature as demonstrated by the photograph on the overleaf. The production of Accoya is based on the process of wood acetylation to enhance its durability…”

Officer report

The site and surroundings

The site is a two-storey semi-detached home with a driveway providing two parking spaces, in an established residential estate where properties vary in style and size.

“SITE & SURROUNDINGS The subject site is a two-storey, semi-detached dwellinghouse to the west of Rowthorne Lane, Glapwell. The property is finished in render, white uPVC windows and doors, and concrete roof tiles. To the rear of the property is a landscaped garden which consists of various outbuildings which do adhere with the applicant’s permitted development rights and is enclosed by a circa 1.80m timber fence.”

“The subject site is located in an established residential estate, in the development envelope of Glapwell, where adjacent properties vary greatly in style, design and size.”

Officer report

Earlier applications and boundaries

Earlier permissions covered extensions and a canopy, while older side boundary works were not pursued because they were immune from enforcement action.

“It was also noted that the existing timber boundary treatments on northern side elevation of the driveway would have required planning permission, but this has been neither applied for nor granted. However, information available on Google Earth shows that the construction of these developments had been completed by May 2019.”

“As previously stated, due to the age of the timber fence on the northern boundary it is exempt from enforcement action and the boundary treatment on the southern boundary is under 1.00m and therefore compliant with the relevant provisions of the Town and Country Planning…”

Officer report

What officers recommended

Officers recommended refusal because the boundary treatment was visually harmful and created unacceptable highway safety risks by removing visibility from the access.

“Access/Highways Given the nature of the development Derbyshire County Council Highway Authority has been consulted and has undertaken a full assessment of this planning application. The proposed gates and fencing remove all emerging visibility from the site access due to the height, and solid construction of the gates and fencing and the proximity of both to the highway and highway boundary i.e. footway.”

“The development results in a significant negative impact to highway safety, removing all emerging visibility from the site access due to the height of the gates and fencing and the proximity of both to the highway and highway boundary i.e. footway, onto Rowthorne Lane, a Classified Highway. This is contrary to paragraphs 115 and 116 of the NPPF, Local Plan policy ITCR11 and Section 5.10 of the Local Parking Standards.”

Officer report

What consultees said

The parish council made no representations, while the Highway Authority recommended refusal because the gates and fencing severely restricted visibility onto the highway.

“Highway Authority (Derbyshire County Council) – recommends refusal on the following grounds:”

“The proposed development would severely restrict emerging vehicular and pedestrian visibility onto the highway network due to the height of the gates and fencing resulting in an unacceptable impact on the highway safety which is contrary to paragraphs 115 and 116 of the National Planning Policy Framework.”

Officer report

Public representations

The application was publicised to nearby properties, but no representations were received.

“PUBLICITY The application has been publicised by way of a site notice and letters sent to four adjacent residential properties – no representations have been received.”

Officer report

Who spoke

The applicant spoke in favour of the application.

What members discussed

Members discussed lowering the gates or adding cut-outs, the streetscene impact, neighbouring boundary treatments and possible highway safety measures including a convex mirror.

“A Member asked if the gates / fencing could be lowered or have cut outs (to lessen their impact). Helen Roper informed the requirement to prevent any possible sight of the street remained the priority – the choice of gates / fencing had been deliberated on for some time before the current proposal was chosen.”

“The Member noted if the immediate neighbouring properties had gates / fencing of the same height, the streetscene impact the proposal had would be lessened.”

Minutes

The committee vote

Members agreed to go against the officer recommendation, with a condition requiring a scheme of improvements to improve visibility for highway safety; the vote was 9 in favour and none against.

“Members deliberated and agreed to go against the officer recommendation, with a condition that would agree a scheme of improvements to improve visibility in the interests of highway safety.”

Minutes

The decision

The application was approved, provided that the highway safety hazards were reduced.

“Moved by Councillor Tom Munro and seconded by Councillor Rob Hiney-Saunders RESOLVED that application no. 25/00421/FUL be APPROVED providing the safety hazards on the highway are reduced.”

Minutes