Content

Decision: 

This
decision is taken under delegated powers set out in Paragraph 145 of the
Officer Scheme of Delegation in the Council’s constitution, which grants
delegated authority to undertake all action in order to regulate any actual, perceived or potential breach of any 

of
the Town and Country Planning Legislation including: 

 

(f)
to determine whether or not to take and/or to
cease action whether because in 

his/her
opinion the breach is trivial, there is insufficient demonstrable harm and/or,
it 

is
not expedient to take / continue to take action 

 

This
authority has been delegated to me through the Local Scheme of Nomination for
the Executive Director for Place. 

 

Reasons for the decision

The solar panels have previously been assessed by another
officer and are not located within the curtilage of the Listed Building. 

 

Regarding the fencing, it has been installed along two walls
within the rear garden of Stable Yard Cottage, which is not a Listed Building.
These walls include the rear boundary wall, and more notably the dividing wall
between Stable Yard Cottage and Lower Farmhouse (Grade II listed). The fencing
is affixed to the top of a rounded wall, a style referenced in the listing
description for Lower Farmhouse. However, the listing only specifically
mentions the section of wall that fronts the road, a separate row.  

 

On the side of the fence facing Lower Farmhouse, a
substantial hedgerow is present. This hedgerow obscures the fencing entirely
from view and provides a clear visual separation between the two properties. As
a result, the fencing does not affect the setting or appreciation of the Listed
Building. It is also not visible from Lower Farmhouse due to the density and
height of the hedgerow. 

 

The section of wall upon which the fencing has been
installed is not referenced in the listing description and, given the physical
and visual separation created by the hedgerow, arguably no longer forms a
material part of the curtilage of the Listed Building. 

 

In light of the above, it is not considered expedient to
pursue enforcement action. 

 

Alternative options considered

The
alternative option would be to invite a retrospective application. However, due
to this matter being of low planning harm, it is not expedient to pursue formal
action. This is in line with Government guidance which suggests that Local
Planning Authorities should act proportionately in responding to suspected
breaches of planning control.