The close boarded fence is likely to result in an impedence of flood flow along the corridors of the Burleigh Brook in the event of an extreme flood, and would also be likely to reduce the opportunity for maintenance access to the brook as required by the Environment Agency. The proposal would thereby be contrary to policy 35 of the East Midlands Regional Plan 2009, and to the aims of paragraphs 100 and 103 of the National Planning Policy Framework.

The landscaping scheme approved as part of the development was intended to respect the characteristics of the site which included the brook and its edges to incorporate these natural features for the benefit of the residents and to improve its visual appearance. The close boarded fence would detrimentally affect the appearance of the development be contrary to providing a good environment and be contrary to policy EV/1 of the Borough of Charnwood Local Plan 2004, and to paragraph 58 of the National Planning Policy Framework.

The close boarded fence would disrupt the flow of flauna and flora through the Burleigh Brook corridor and result in a potential loss to the biodiversity of the site and surrounding area. The Burleigh Brook is part of a corridor of Green Infrastructure through Loughborough and the introduction of the fence would be likely to harm the movements of species along the corridor and prevent opportunities for movement through the site. The proposal would thereby be contrary to the aims of policies 1 and 2 of the East Midlands Regional Plan 2009, and paragraph 109 of the National Planning Policy Framework.