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Hi first post on here
Hope you can help
I have a long rear garden which I built a decked area 20 years ago at the highest point furthest away from my home.
I built a middle decked area this year
And also a lower decked area at the same time. I made sure that the ground level adacent to it was within the 300mm rule for permitted development. However because of the natural slope of the ground
The front of the decking is obviously higher ( to be level) when measuring from the lowest part of the ground.
A complaint has been made by a neighbour to the council as I had a planning enforcement officer show up when I was not home and a relative let him acesss the rear garden.
I had letter saying I have to remove both decked areas or apply for retrospective planning at over £200 within 28 days
As his letter stated the he had measured it from the lowest ground level and therefore it was to high. Also there was a privacy issue.
I sent him a reply saying that the guidlines stated measurements should be taken from the highest point. Of uneven /sloping ground. But he has replied saying the below.
Dear Mr **********
No part of the decking should be raised more than 30 cm from the natural ground level. If the height was taken from the from the area immediately adjacent to the building (which is quite correctly the case for extensions), then decking could be erected several feet up in the air in a garden with a severe gradient and cause serious overlooking issues. If you still wish to challenge this you may wish to seek the services of an independent planning agent who will be able to advise you further.
Regards
Mr ********
Planning enforcement officer
Is he right? as everything I have seen says he isn't
Also privacy is not applicable in this context tor gardens I believe
Advise please
Thank I'm advance
Hope you can help
I have a long rear garden which I built a decked area 20 years ago at the highest point furthest away from my home.
I built a middle decked area this year
And also a lower decked area at the same time. I made sure that the ground level adacent to it was within the 300mm rule for permitted development. However because of the natural slope of the ground
The front of the decking is obviously higher ( to be level) when measuring from the lowest part of the ground.
A complaint has been made by a neighbour to the council as I had a planning enforcement officer show up when I was not home and a relative let him acesss the rear garden.
I had letter saying I have to remove both decked areas or apply for retrospective planning at over £200 within 28 days
As his letter stated the he had measured it from the lowest ground level and therefore it was to high. Also there was a privacy issue.
I sent him a reply saying that the guidlines stated measurements should be taken from the highest point. Of uneven /sloping ground. But he has replied saying the below.
Dear Mr **********
No part of the decking should be raised more than 30 cm from the natural ground level. If the height was taken from the from the area immediately adjacent to the building (which is quite correctly the case for extensions), then decking could be erected several feet up in the air in a garden with a severe gradient and cause serious overlooking issues. If you still wish to challenge this you may wish to seek the services of an independent planning agent who will be able to advise you further.
Regards
Mr ********
Planning enforcement officer
Is he right? as everything I have seen says he isn't
Also privacy is not applicable in this context tor gardens I believe
Advise please
Thank I'm advance
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