Enforcement

[jubbly1]

Thanks

 

[tony1851]

Councils do not have to take enforcement action for every breach. They are stretched with regard to resources and will assess complaints on their possible seriousness.
You don't say in what regard the extension falls outside pd, and is the 7ft structure a raised deck?

 

[^woody^]

Councils have a duty to investigate, but not to enforce against breaches

The breach needs to be "in the public interest" for action to be taken, but the action could well be just to ask for an application for permission. If the work would get permission anyway then that will be the end of it

It does not matter if the work is complete or not when it is investigated. The resulting action will be the same

The council must follow their own policies relating to enforcement, else you can complain against that.

BTW, the planning officer is wrong if he said the work is unlawful. It is merely unauthorised which is different

 

[jubbly1]

Councils do not have to take enforcement action for every breach. They are stretched with regard to resources and will assess complaints on their possible seriousness.
You don't say in what regard the extension falls outside pd, and is the 7ft structure a raised deck?

It's a brand new deck. The extension is built on the old deck but as its a hill it has been raised to meet the ground floor of the existing house. Then a 7 ft high and 7 ft deep terrace/deck has been built up from grass level to meet the ground floor level of the house and the new extension. We are slightly lower down the hill so our garden fence now comes up to their ankles when they stand on the terrace and they can see onto our patio and into our house now.

 

[jubbly1]

Sorry and to answer your question on the extension, it's over 4 metres high although its single storey

 

[tony1851]

it's over 4 metres high

The height will be measured frrom the highest part of the ground adjoining the extension, on their side of the boundary.

 

[maltaron]

That is correct, Tony, but the deck level is taken from ground level adjacent to the extension, not the original house and therefore requires PP if over 300mm at that point. I have just had a similar situation with my extension and although not as high (mine was about 3ft) it took my extension outside PD. PP was granted as I have good neighbours and they did not object. (Its a standing joke that I can see down her blouse when she is gardening.)

 

[tony1851]

Yes, I realize that; I was just thinking of the extension. The deck is obviously a different matter as you say.

 

[jubbly1]

To be honest, I'm not really bothered about the extension as it doesn't infringe on us. It's a bit big, but they are entitled to build it and I'm a live and let live person. The only thing that has upset me is the new terrace because when they stand on it they look to the right and they can see our entire patio, into our conservatory and into our kitchen. That's my only issue.