Planning Appeal for Erection of a Boundary Fence, Warrington

ABL Planning was instructed to handle a planning appeal following Warrington Borough Council's refusal of our client's application for the erection of a 1.8-metre high boundary fence on their corner plot property. The original application had been refused by the Council, who considered that the proposed fencing would harm the character and appearance of the street scene.

We advised proceeding to appeal and took on the challenge of presenting a compelling case to the Planning Inspectorate.

The proposed development involved the installation of a 1.8-meter high boundary fence on a residential corner plot in Warrington. While such proposals might seem straightforward, corner plots often present unique challenges in planning terms due to their prominent position within the streetscape and their potential impact on the visual amenities of the surrounding area. The Council's refusal was based on concerns that the proposed fencing would create an incongruous feature that would detract from the established character of the street scene and harm the visual amenities of the locality.

Working closely with LK Architecture, who provided essential technical drawings and visual representations, ABL Planning developed a comprehensive appeal strategy that challenged the Council's assessment on both factual and policy grounds. Through careful site analysis and photographic evidence, we were able to demonstrate that these existing structures already established a precedent for built development that was more visually intrusive than the modest boundary treatment proposed by our client.


The Planning Inspector's Decision

The Planning Inspector agreed with ABL Planning's assessment and allowed the appeal, finding that our arguments regarding the relative harm caused by existing outbuildings compared to the proposed fencing were compelling and well-founded. The Inspector's decision validated our strategic approach and confirmed that the Council had failed to properly assess the proposal within its existing context.

The Inspector acknowledged that the surrounding area was predominantly open plan with an absence of high boundary treatments adjacent to the public highway, but crucially recognised the existing context created by the elevated garden level and existing outbuildings.

They concluded that the proposed 1.8-metre fence struck a reasonable balance between providing necessary screening for the existing outbuildings and ensuring privacy for the rear garden area, while avoiding an overly dominant impact on the street scene.

Crucially, the Inspector found that the proposed development would not cause harm to the character and appearance of the area, concluding that it accorded with Policy DC6 of the Warrington Local Plan 2023 in safeguarding the quality of place. The decision also found no conflict with the aims of the House Extensions Supplementary Planning Document 2021, which specifically acknowledges that 1.8-metre high fencing may be acceptable where required to provide privacy to private rear garden areas on corner plots.