James Cain - Solicitor, Coles Miller

Fence Planning Appeal Victory For Coles Miller10th Jul 2014

by James Cain on 10th Jul 2014

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A Poole family can keep their 2.4-metre high garden fence after Coles Miller planning consultant James Cain helped to overturn a council enforcement order.James Cain - Solicitor, Coles Miller

Purbeck District Council said the high timber fence and trellis breached planning policies and ordered the family to reduce it to below one metre in height.

But the family said they needed the fence to help safeguard their property from trespass and antisocial behaviour.

They called Coles Miller Poole planning consultant James Cain who won at appeal – overcoming a number of planning arguments which had weighed against the family’s case.

Planning inspector Andrew Dale agreed with the council’s view that the fence looked “prominently out of place” when viewed in isolation and “did not integrate with surroundings.”

But James argued that the family needed the fence to provide safety and security following problems caused by local youths. The garden was also overlooked by other properties.

The inspector quashed the council’s enforcement order, saying: “A fence 1m high, as required by the (enforcement) notice, would fail to address the appellant’s concerns on residential amenity.”

Mr Dale added: “I regard the residential amenity concerns to be paramount in this case.

“Whilst the fence/trellis does not positively integrate with its surroundings, the visual harm is outweighed my other material considerations that justify a grant of planning permission.”

James Cain said: “The decision shows that each individual site needs to be looked at on its own merits.

“In this case, the council served an enforcement notice due to the impact upon the character of the area.

“However, in this instance there were special circumstances that were specific to the site and we presented them to the inspector.

“If any individual encounters similar problems with their council regarding the height of their fence they are advised to contact Coles Miller for a free initial assessment,” he added.

Much of the work done by Coles Miller planning consultants is in Bournemouth, Poole and Dorset but the firm is increasingly gaining planning work across the central South and from other parts of the UK.

To find out more about how Coles Miller can help you to gain planning permission, appeal against refusal or get enforcement notices quashed, please contact our Planning Consultant James Cain, 01202 673011.