Retrospective Gates in the Green Belt Allowed on Appeal Allowed in Chelmsford

In 2024, I secured a successful retrospective planning appeal against Chelmsford City Council for the retention of entrance gates, brick walls, pillars and timber fencing near Margaretting, a property located within the Metropolitan Green Belt.

The Planning Issue

The existing low-level post and rail fencing and open field gate had been replaced with a more substantial boundary treatment comprising brick pillars up to 2.6 metres high, ornate metal gates measuring 2 metres in height and 4.15 metres in width, and a timber fence — spanning over 10 metres across the property frontage.

The Council refused the retrospective application, taking the view that the new boundary treatment constituted inappropriate development in the Green Belt by reason of its greater spatial and visual impact on openness compared to what it replaced.

The appeal therefore turned on whether very special circumstances existed to justify the development.

I argued that the boundary treatment served a clear and legitimate purpose: securing the privacy and safety of the property. I demonstrated that the visual impact on the street scene was limited, with retained and re-growing vegetation along the Wantz Road frontage providing natural screening.

The Inspector also noted that the boundary treatments were not out of keeping with other entrance and boundary features in the area.

The Inspector agreed that, taking the proportionate response to a retrospective situation alongside the limited visual harm, the very special circumstances necessary to justify the development clearly existed.

The appeal subsequently was allowed.

Planning Appeal Advice

If you have a development project and you have received a planning refusal, contact me for practical advice on whether an appeal is the right option and how to proceed.

Andrew Ransome MRTPI Email: andrew@adpltd.co.uk | Tel: 01206 242070

About me

Andrew Ransome is the planning director at ADP and is a chartered member of the RTPI, with over 22 years of town planning experience.

Andrew has extensive experience offering strategic planning solutions to challenging projects in both rural and urban settings. Follow him on Linkedin.

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