Agenda item - BH2013/03023 - 30 Aymer Road, Hove - Householder Planning Consent

Erection of boundary fence (retrospective).

RECOMMENDATION – REFUSE

Erection of boundary fence (retrospective).

(1)                   The Area Planning Manager, Nicola Hurley, introduced the application and gave a presentation by reference to plans, photographs and elevational drawings. The application site related to a bungalow on a corner plot; which was located in a conservation area that was the subject of an Article 4 Direction. The proposal scheme related to an existing boundary fence, and the application sought to reduce the height to 1.6 metres. The main considerations related to the impact on the character of the building and the conservation area; whilst reducing the height addressed the concern in that respect it did not address the appropriateness of the materials and design which were considered detrimental. For the reasons outlined in the report the application was recommended for refusal.

Public Speakers and Questions

(2)                   Mr Hoye addressed the Committee and spoke in his capacity as the applicant. He stated that since moving into the property 2.5 years ago he and his family had undertaken work to restore the property. The original boundary had been a high overgrown hedge, and the applicant had consulted with the neighbours prior to construction of the new fence. All materials were recycled and would weather appropriately. Mr Hoye also added that the family had two large dogs and the fence was necessary for their safety and he had done his best to help improve the area.

(3)                   In response to Councillor Jones it was explained by Mr Hoye that he had investigated alternative materials, and potentially retaining the hedge.

Questions for Officers

(4)                   It was confirmed for Councillor Cox that boundary walls over 1 metre in height required planning permission.

(5)                   It was noted in response to Councillor Gilbey that issues in relation to the applicant’s pets were not material considerations.

(6)                   It was confirmed for Councillor Carol Theobald that there was an objection to the materials which formed part of the reasons for refusal.

Debate and Decision Making Process

(7)                   Councillor Hyde stated that she understood for reasons for removing the original hedge, and appreciated the problems for the owner in relation to their dogs, but she did not like the appearance of the fence and felt it was ‘exceedingly unsightly’. She felt confident that the reasons for refusal could be overcome whilst still addressing the applicant’s personal circumstances, but felt that the Officer recommendation was correct and she would support it.

(8)                   Councillor Cox noted that the blocks, which had now been removed, had not been appropriate, and added that if the fence were reduced in height it would be more appropriate. He added that there were no objections to the fence, and he would not support the Officer recommendation.

(9)                   Councillor Carol Theobald added that the fence was unsightly, and the material was not good enough for the area; she would support the Officer recommendation.

(10)               A vote was taken and planning permission was refused on a vote of 6 to 2 with 2 abstentions.

105.6    RESOLVED – That the Committee has taken into consideration the recommendation and agrees with the reasons for the recommendation set out in paragraph 11 and resolves to REFUSE planning permission for the reasons set out below:

Reason for Refusal:

              i.           The fence and entrance gate by virtue of their heavy, bulky and excessive horizontal emphasis would result in significant harm to the character and appearance of the recipient property, and the character, appearance and setting of the Conservation Area. As such, the development would be contrary to policies QD14 and HE6 of the Brighton & Hove Local Plan.

Informatives:

              i.           In accordance with the National Planning Policy Framework and Policy SS1 of the Brighton & Hove City Plan Part One (submission document) the approach to making a decision on this planning application has been to apply the presumption in favour of sustainable development. The Local Planning Authority seeks to approve planning applications which are for sustainable development where possible.

Note: Councillors Duncan and Littman were not present at the meeting.