War Memorial fence, update and disappointment

posted 14 Mar 2018, 10:38 by My Nunthorpe


Unfortunately the latest update is still WYSIWYG (What You See Is What You Get!), the horrid fence is to remain..

To the disappointment of many residents and visitors to Nunthorpe  Middlesbrough Council have come back to me with the below e-mail stating they apparently don't have the powers to rescind a previous planning condition. The only positive outcome I can see is that the fence wasn't made of plastic, at least wood eventually rots away, so there is achance your grandchildren and perhaps your great grandchildren may have the opportunity to see the view of the heritage structures that you and I have enjoyed before the fence was erected.
My apologies to all my supporters for the failure in having the fence replaced with a more favourable mitigation.

 Pearman <Shelly_Pearman@middlesbrough.gov.uk>
Wed 28/02/2018, 15:07
Bob Mullen;
Joanne Lloyd;
Heather Nelson;

Dear Bob


Further to your correspondence regarding the above.  I apologise for the delay in responding.  Following your comments I have familiarised myself with the relevant applications and the site. 


As you are aware the development was approved in January 2015 with a condition requiring a noise assessment to be carried out to determine whether any mitigation was necessary to reduce noise from road traffic to the approved properties.


The Local Planning Authority have sought to find a balance between the need for some form of development to prevent the heritage assets at the site from falling into further decline resulting in the possible loss of those assets, and minimising the impact of those developments on the heritage assets we sought to protect.  This was reflected in the limited scale of the houses and the use of high quality materials as detailed in the Committee report which was considered by members.


Following the approval an application to discharge the requirements of the condition was submitted in June 2015.  The submitted noise assessment was carried out by an appropriately qualified person and was assessed by the Council’s Environmental Health service.  The assessment determined that mitigation was necessary and proposed a close boarded timber fence.  Environmental Health confirmed that the assessment met their requirements and the proposed mitigation was suitable from their perspective.


Given that the fence is required for noise mitigation purposes the LPA must determine on balance, whether or not the fence is acceptable from a planning and conservation perspective.  The impact of the fence on the heritage assets at the site (the grade II listed vicarage, and the locally listed school) was considered at the time of the discharge of condition application.  The memorial itself was not listed but it was still considered as part of the setting of the listed building.


From a planning and heritage perspective the close boarded timber fence forms a residential boundary and has a domestic appearance which is typical for residential areas, including those within conservation areas.  The height of the fence decreases as it approaches the memorial which softens its appearance and retains an open view of the memorial whilst still providing the necessary noise mitigation to the properties.  It was considered that on balance, the fence does not result in a significant detrimental impact on the setting of the listed and locally listed buildings and the memorial.  The condition was subsequently discharged in July 2015.


As you have previously been advised the LPA cannot rescind the planning approval or require the developer to remove the fence as it has been carried out in accordance with the approved details.  I note that the war memorial itself has recently been listed however this does not alter our ability to rescind an approval. 


The residential properties also benefit from Permitted Development rights which allow them to erect boundary treatments to a certain height without consent.  If the LPA had powers to rescind a decision in this instance it would not be considered to be reasonable to require the removal of the fence when the residents could erect a similar fence under permitted development rights at any time.


I appreciate that this response will not be too your liking and can understand your frustration with the process but I am afraid the LPA cannot take any further action in this matter.  I would recommend that you contact the developer directly or individual home owners if you wish to pursue the removal of the fence further.




Shelly Pearman

Principal Planning Officer