Agenda item

Report of the Corporate Director (Public Protection, Planning and Governance).

Report of the Corporate Director (Public Protection, Planning and Governance) detailed the retrospective application for the change of use of amenity land to residential land including the erection of a 1.82m boundary fence.

Members noted that the land previously consisted of mixed vegetation including high Lleyandii trees which had grown up to the boundary of the private road mostly covering the area of verge.  The verge was partially grassed in areas and measured approximately 2m in depth and 29m in length.

The application was to change the use of land comprising a ‘verge’ to garden land and to replace an existing enclosing, fence which was erected without planning permission  measuring 2.43m (8ft) high, with a shorter 1.82 (6ft) fence.  The fence would be attached to the existing front boundary wall of No.11 Oaklea and span the full depth of the plot enclosing the verge/land.

The fence had been erected, without permission, to enclose land which had been purchased by occupiers of No.11 Oaklea. 

The application had been presented to the Development Management Committee because Councillor Tony Kingsbury had objected to the proposal and called-in the application and stated:

“I would like to call in the application to committee, if the officer is minded to approve it, on the basis that the loss of amenity land has raised concerns from many residents. The reduced height fence is still out of keeping and overbearing when considered with the surrounding properties and road. The fence is close to the road and safety issues need to be considered. There have also been issues raised by neighbours regarding right of way over the area”.

Mrs Allegri, (Applicant), spoke in favour of the application.

Mr Littlewood, an Objector speaking on behalf of the neighbouring properties stated that the proposed development was overbearing and out of keeping with the streetscene.  The current fence abutted the kerb which had made it difficult for both pedestrians and vehicles to exit Oaklea Wood safely.  This would not change with the proposed replacement fence.

Welwyn Parish Councillor Colin Hukin spoke against the application and referred to the loss of amenity land to residential land and the area which had been previously used as a private right of way.

Councillor Tony Kingsbury, speaking as Ward Member, emphasised the reasons why he had called-in the application.

Members of the Committee supported the views of the three public speakers who had objected to the change of use from amenity land to residential land and the loss of the private right of way.  Members also expressed the views that the height of the existing and proposed fences were considered to be oppressive and overbearing to the streetscene.  The loss of the private right of way would not be helpful to pedestrians.

It was then proposed by Councillor H.Bromley, seconded by Councillor P.Shah that the application was contrary to road safety, overbearing and out of keeping with the streetscene.

RESOLVED:

(11 voting for and 2 against)

By virtue of its height, appearance and location, the proposed fence would be an incongruous addition to the street scene and would be detrimental to the character and context of the area. Accordingly, the proposal would fail to comply with Policies D1 and D2 of the Welwyn Hatfield District Plan 2005 and the National Planning Policy Framework 2018.