Friday, April 28, 2006

Mr C Black of 7 Whinberry Way, St Fagans, Cardiff loses his planning appeal.

I had a letter from The Planning Inspectorate yesterday...

Appeal Decision

Site visit made on 04/04/06

by Anthony H Vaughan

an Inspector appointed by the National Assembly for Wales

Date 25/04/2006

Appeal Ref: APP/Z6815/A/06/1197717

Site address: 7 Whinberry Way, St Fagans, Cardiff.

The National Assembly has transferred the authority to decide this appeal to me as the appointed Inspector.

The appeal is made by Mr C Black under section 78 of the Town and Country Planning Act 1990 against the decision of the Cardiff County Council to refuse to grant planning permission.

The application ref:05/01422/W, registered by the Council on 16 June 2005, was refused by notice dated 23 August 2005.

The development is for the retention of a feathered edge fence.

Decision

1. For the reasons given below, I dismiss this appeal.

Reasons

2. The fence that has been erected is both prominent and overbearing in appearance. In my opinion, the proximity to the highway of this discordant and unprepossessing enclosure mars the residential alignment at the entry to Crosswells Way, spoiling the character and openness of the present housing layout. To permit the fence to remain would breach both Policy 11 of the City of Cardiff Local Plan which is the Development Plan and Policy 2.20 of the emerging UDP.

3. I have taken account of the claims regarding the problems of maintenance of the landscaped strip, its allegedly unauthorised use as a play and dog exercise area and domestic security. I have also considered all other matters raised in the submissions, including other fencing projects in the locality, and the letters of support that have been submitted, but find nothing that turns me away from my decision.

Inspector.

I was very pleased to receive this letter from the Planning Inspectorate. I agree with the decision made by the Inspector, he writes a lot of common sense and will not be bullied by this householder who appears to want to do exactly how he pleases without the granting of Planning Permission. I wonder if I had not written to our Council on the 5th November 2005 telling them that he had not complied with their refusal if Mr C Black would have appealed to the Welsh Assembly. I doubt he would have and I suspect that he thought nobody would be bothered by his unauthorised building work. I think he was trying to pull a fast one and was ignoring our democracy and local laws. Maybe he wanted to build something extra on the extra ground now enclosed by the new fence? If nobody objected to him having the new fence then over time he could have built something and claimed that the fence had always been in that position since before he had moved in.

I look forward to the removal of this offending fence to it's original position. I know that had I not notified our Council in the first place and sent them a reminder that we would have been stuck with this enlarged fence for ever. Justice has been done, Mr C Black appealed against this justice and lost. Result!
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