Trowbridge school appeals after Wiltshire Council refuses fence

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A primary school that was told it could not keep a tall fence around its playground has appealed the decision.

As reported earlier this year, Emmaus School in Staverton, on the edge of Trowbridge, applied for permission for a fence it had already built.

Wiltshire Council issued the decision to refuse retrospective planning permission for one three-metre fence around Emmaus School’s games area, and a two-metre fence elsewhere on the School Lane campus, on Thursday, April 9.

Emmaus School is a small independent, co-educational, Christian school providing education for 5 to 16-year-olds. It has a maximum capacity of 75 pupils with circa 60 currently enrolled.

As stated in the planning officer’s report, it was only the three metre fence which they objected to – however, as local planning authorities cannot issue partial approvals or partial refusals, any proposal that has an element that cannot be supported "should be refused in its entirety”.

In late May, however, the school issued a formal appeal of that decision. In a statement announcing the appeal, agents acting on behalf of the school said there were several “main issues” for the appeal.

The three-metre tall fence the council objected to. (Image: Wiltshire Council)

In the statement’s conclusion, the agents acting on the school’s behalf say the fence is acceptable in this instance in terms of character, and that the “positive community benefits of the proposal outweigh any harm.”

As previously reported, although the officer recognised the fencing was for the security and containment of pupils and sports balls at the school, they found that it was “disproportionate and harmful” and that its “harsh, utilitarian appearance…at odds with both the historic vernacular character.”

The two-metre-high fence, meanwhile, has a “far more appropriate relationship with the streetscene and the school building,” the officer says. In their conclusion, the officer clarifies that there is no need to apply for permission for the two-metre fence, “since it qualifies as permitted development.”

A view of School Lane "prior to the 2023 consented extension and the unauthorised fencing works" (Image: Wiltshire Council)

In the report’s conclusion, the officer says a two-metre fence around the playground “could be appropriate”.

Elaborating on their arguments regarding local vernacular, the officer also compared Emmaus School’s fence with neighbouring Staverton Church of England Primary School, which is bordered by a mature hedgerow and trees.

By contrast, the officer said, the Emmaus School’s three-metre fence presents “a very harsh visual appearance that is incongruous with the rural vernacular and quaint character of the historic building and the low-density and the green suburban local essentially residential street character.”

A photo of the two-metre tall fence the council said it did not object to. (Image: Wiltshire Council)

According to the report, officers approached the agents acting on the school’s behalf to have it reduce the height of the fence, but this was “effectively declined” on March 31, with the agent writing that relevant guidance recommends fences of at least three-metres for multi-use games areas (MUGAs) such as the playground enclosed by the fence.

The officer also cited consultation response from Cllr Trevor Carbin (divisional ward member, who issued a call-in request for this application to be determination at Planning Committee should planning officers recommend the application for approval.

He is reported to have had concerns with the scale of development; the visual impact upon the surrounding area; the relationship with the adjoining properties; and the design – bulk, height, general appearance.

According to the notice of appeal on the application’s page on Wiltshire Council’s planning portal, comments must be received by June 30.

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