Another plea for PD advice here please... sorry...
we have built a new patio, 35cm above old patio (in error). Old patio was level with side passage of house, which is still there. Council have been round and measured our new patio as being "between 550mm and 350mm above original ground level". We live on a slope, and have extensively landscaped, but they have measured drop off at end of patio to the lawn (which is absolutely not original ground level.... but I digress)..... I said to chap on phone today, if you have measured it as being 350mm over, and limit is 300mm, then technically I presume you could eventually force us to drop it by 5cm but that ins't going to make our neighbours any happier, it isn't enough - but we would then be in PD rights?
he said
nope, we aren't taking highest adjacent point, you have to drop it by 25cm, so we are going on the 55cm height difference between lawn at end of patio, not the measurement at the side passage (the patio is immediately next to side passage level as it emerges from side of house to the rear area).
I said - I know this is a grey area after research online but there isn't any other guidance for measuring a raised platform, and all the cases I have found take highest adjacent ground - so 350mm in this case, not 550mm.
he said
all cases are considered on their merits, not taking into account other cases.
He reckons we should dig down, and put in more steps than there were before (surely contrary to Part M of regs, whilst I think about it).
But anyway - I find this dismissal of highest adjacent land totally boggling, surely case law is entirely relevant? precedent being set, equal treatment under the rules etc?? Can anyone send any light, help me understand his viewpoint?
Many thanks
we have built a new patio, 35cm above old patio (in error). Old patio was level with side passage of house, which is still there. Council have been round and measured our new patio as being "between 550mm and 350mm above original ground level". We live on a slope, and have extensively landscaped, but they have measured drop off at end of patio to the lawn (which is absolutely not original ground level.... but I digress)..... I said to chap on phone today, if you have measured it as being 350mm over, and limit is 300mm, then technically I presume you could eventually force us to drop it by 5cm but that ins't going to make our neighbours any happier, it isn't enough - but we would then be in PD rights?
he said
nope, we aren't taking highest adjacent point, you have to drop it by 25cm, so we are going on the 55cm height difference between lawn at end of patio, not the measurement at the side passage (the patio is immediately next to side passage level as it emerges from side of house to the rear area).
I said - I know this is a grey area after research online but there isn't any other guidance for measuring a raised platform, and all the cases I have found take highest adjacent ground - so 350mm in this case, not 550mm.
he said
all cases are considered on their merits, not taking into account other cases.
He reckons we should dig down, and put in more steps than there were before (surely contrary to Part M of regs, whilst I think about it).
But anyway - I find this dismissal of highest adjacent land totally boggling, surely case law is entirely relevant? precedent being set, equal treatment under the rules etc?? Can anyone send any light, help me understand his viewpoint?
Many thanks
