# 34 Coalport Road, Broseley

- **Decision:** dismissed, 17 September 2026
- **Decided by:** Planning Inspector: P Barton
- **Authority:** Shropshire (West Midlands)
- **Appeal reference:** 6010905
- **Application reference:** 25/03794/FUL
- **Procedure:** householder
- **Development:** Erection of a high garden fence at the back of the pavement on a corner plot
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** DP3, S4(2)(c)
- **Development plan policies:** Shropshire Core Strategy 2011 CS6, SAMDev Plan 2015 MD2
- **Main issues:** character and appearance
- **Tags:** tier-2, s4-within-settlement, s4-substantially-outweighed, design-refusal, householder, transitional-no-consultation

## Summary
The proposal was a high garden fence at the back of the pavement that would enclose a grass strip at the entrance to an open-plan estate. The appeal was dismissed on character grounds. The inspector found the local plan design policies consistent with DP3, so the scheme "would fail to comply with one of the national decision-making policies which state that development proposals should be refused in specific circumstances, as set out in policy S4(2)(c)" (DL ¶13).

## What made the difference
The site's gateway position and the loss of an open verdant strip decided it. A shorter approved wall inside the estate was distinguished (DL ¶7). A 1 m permitted-development fence was a weaker fallback (DL ¶8). The case shows the S4(2)(c)-via-DP3 route being used even for householder fences.

## Policy findings
- **DP3: fail.** fence enclosing a grass strip at the open-plan estate's gateway is visually intrusive; LP CS6/MD2 consistent with DP3 (DL 6, 13)
- **S4(2)(c): fail.** DP3 conflict treated as failing a "should be refused" policy; presumption does not apply (DL 13)

## Key facts
- Corner plot at a wide gateway into an open-plan estate; high fence would enclose a sizeable grass strip (DL 4-6)
- Framework not consulted on because the "policy emphasis" had not changed (DL 2)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6010905
- https://appeal-planning-decision.service.gov.uk/published-document/cbd8a1a6-b4e9-47cd-b8dd-26f3cfddd664

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6010905.html

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