A homeowner in south Wales has been ordered to tear down a large timber fence and staircase that he built without planning permission, after losing an appeal to the Welsh Government. Ben Davies constructed the structure at his property on Manor Road in Abersychan, Pontypool, which includes a raised platform 2.7 metres above a narrow, private access lane between two homes.
Council Refuses Permission
Torfaen County Borough Council refused planning permission for the structure in November last year, describing it as "overbearing and unneighbourly." The staircase was intended to replace an original stone staircase that led through the large, tiered garden rising to the street above. However, the new staircase and a one-metre-long, four-metre-wide platform, partially enclosed by a two-metre-high timber fence, were deemed unacceptable by council planning officers.
Appeal Dismissed
Mr Davies appealed the council's decision to Planning and Environment Decisions Wales, which sent independent inspector Nicola Gulley to view the site. After her inspection, she upheld the refusal, stating that the staircase and fence would have a harmful effect on both Mr Davies' own home and his neighbours' properties. In her report, Ms Gulley said: "The proposed development would have a harmful effect on the character and appearance of the appeal dwelling and on the living conditions of the occupiers of the neighbouring property." She concluded that the structure was at odds with the council's planning policy because it failed to consider the local context in its appearance and would have an unacceptable impact on the amenities of neighbouring homes.
Homeowner's Arguments Rejected
Mr Davies had argued that the staircase and supporting platform were "a proportionate response to a constrained, steeply sloping site with long-established changes in ground level." He disputed that it would cause harm to the character of the area or his neighbours' living conditions, and suggested that conditions could control any adverse impacts. However, Ms Gulley disagreed, finding that the development would have a harmful effect on character and appearance, as well as on the living conditions of neighbouring occupiers.
The enforcement notice from Torfaen Council requires Mr Davies to remove the entire structure, including the timber fence and staircase. The case highlights the importance of obtaining planning permission before undertaking significant alterations to properties, particularly in areas with steep slopes and close proximity to neighbours.
