Hi, would really appreciate an opinion on this potentially complicated situation.
We're planning to buy a house that has a raised decking (>30cm) that was built in 2007. It has been the cause of dispute with neighbours due to size etc. Currently the sale of this house is obstructuted due to to this decking apparently breaching a covenant relating to annoyance. This may/may not be legally enforceable due to the compliance with planning permission so that will roll on for a while with the current vendor.
The question I have is that one quite likely scenario is that the decking gets removed pre-sale. If that happens and we agree a suitable size/shape deck to install would we need to apply for planning (it will be >30cm above ground due to garden slope)? Or, is the fact that this is a smaller structure than was previously acceptable grounds for not applying?
Would be great to hear views but ultimately I imagine we'll have to deal with the planning dept in some form.
Thanks for your thoughts.
Adam
We're planning to buy a house that has a raised decking (>30cm) that was built in 2007. It has been the cause of dispute with neighbours due to size etc. Currently the sale of this house is obstructuted due to to this decking apparently breaching a covenant relating to annoyance. This may/may not be legally enforceable due to the compliance with planning permission so that will roll on for a while with the current vendor.
The question I have is that one quite likely scenario is that the decking gets removed pre-sale. If that happens and we agree a suitable size/shape deck to install would we need to apply for planning (it will be >30cm above ground due to garden slope)? Or, is the fact that this is a smaller structure than was previously acceptable grounds for not applying?
Would be great to hear views but ultimately I imagine we'll have to deal with the planning dept in some form.
Thanks for your thoughts.
Adam