be a potential hazard for the adjoining neighbours son who suffers from A.D.H.D, and The local members objection can be summarised as follows: it would be out of character with the area and as such is contrary to planning regulations set an undesirable precedent.
One letter of representation has been received in support of the application from Michael McMahon MSP, the contents of which are summarised below: Mr McMahon has been providing support and assistance to the applicants as they have been subjected to anti-social behaviour, The police and council’s anti social task force have been involvedfor over two years, and It is hoped that the fence will provide a degree of privacy and reduce anti social issues.
In assessing this application the local plan policies for established residential areas is relevant. These policies seek to protect residential areas by opposing developments that adversely affect the character and amenity of the area.
In assessing the proposals in detail, it is considered to be acceptable in terms of the design and material and, in this respect, would integrate satisfactorily into the surrounding area. It is, however, also acknowledged that it would be out of keeping with the existing front fences as none exceed 1 metre in height.
The first issue raised in the letter of objection has been addressed above and it has been acknowledged that the proposed height of the fence would be out of keeping with the area. In relation to the second concern, it should be noted that the fence will not give rise to any noticeable loss of light due to the orientation of the dwellings. Furthermore,the neighbouring property’s door is adjacent to the fence and as such loss of light is not considered to have a significant detrimental impact. With regard to the third point, it is considered that the proposal will not significantly increase the number of potential hazards and is therefore not sufficient justification to refuse the application. It is also agreed that granting this application permanentlywould set an undesirable precedent making similar applications difficult to refuse.
Taking into account the history of the situation, as detailed in the letter of support, it is considered that these issues out weigh the fact that the proposed fence would be an unusual feature in the surrounding area. Furthermore, as the proposed design and materials are considered to be acceptable, it only fails on one ground in regard of the local plan policies. On balance, it is considered that the proposal accords with policy H I of the adopted local plan and policy HSG8 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) and is therefore recommended that the application be approved. However, permission shall lapse two years from the date of consent after which it can be assessed whether the fence is an appropriate feature in the area.
That the permission hereby granted is for a temporary period only and shall expire on the 12‘h October 2007.
Reason: In order to safeguard the future residential and visual amenity of the surrounding area.
The fence shall be dark stained within two months of it having been erected and shall thereafter be maintained to the satisfaction of the PlanningAuthority.
Reason: In the interest of residential and visual amenity.
Application form and plans received 1st July 2005