I've got a small problem with a would-be purchaser of my property. The garden is on a slope and the height of the decking is less than 30cms. at one end but because of the slope it is higher at the other end. There are no other issues as the shrubs to one side of it are higher than the top of the posts (for the retractable blind) - therefore no privacy issues with the neighbours (who haven't complained). The purchaser and his solicitor are arguing that it needs planning permission as it is higher than 30 cms. which it is in certain places but this is because of the sloping garden. Any ideas would be appreciated. I don't really care as I've threatened to remove it and burn it if he isn't happy but it would be nice to know.
decking planning permission
- Thread starter arco123
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Planning may have been required, depending on !when! the work was carried out. The current requirements are:
Putting up decking, or other raised platforms, in your garden is permitted development, not needing an application for planning permission, providing:
The decking is no more than 30cm above the ground
together with other extensions, outbuildings etc, the decking or platforms cover no more than 50 per cent of the garden area.
Putting up decking, or other raised platforms, in your garden is permitted development, not needing an application for planning permission, providing:
The decking is no more than 30cm above the ground
together with other extensions, outbuildings etc, the decking or platforms cover no more than 50 per cent of the garden area.
I have an ongoing similar issue, but it seems to vary as to whether the measure is from the highest ground level (mine sits 200mm above that) or the lowest (sits 900 mm above that), and having had the rules changed from when I researched (2007) and saved up and built (2012), it looks like I will have to put in a retrospective planning application. If it were from the highest point I would be ok.
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Take a look at this, pages 36-37
http://planningjungle.com/wp-conten...-10-Worst-Permitted-Development-Loopholes.pdf
http://planningjungle.com/wp-conten...-10-Worst-Permitted-Development-Loopholes.pdf
No it doesn't, it is always the highest level
If it is measured from the highest point, that would be fab, as I am well below, but the enforcement officer said he would call if I was ok, but needed to check the offices interpretation of the rules. I have had no call, so assume I have a letter on the way saying I need to put in for retrospective planning. Do I dispute that, and point out that from the highest point, it is not above 30cm, and is therefore permitted?
Possibly the reason you have had no call is that they are not certain themslves on the precise interpretation of the wording, but normally, as Woody said, it is measured from the highest point. (consider for example, what would happen if the ground sloped down parallel to the rear wall of your house; on your planning officers' interpretation, that would mean you could have no decking)
I had a similar issue recently, when a planning officer was adamant that something needed p/p when I knew it didn't. I sent them a copy of one of the pics on the site I quoted to you, and they subsequently backed down.
It could be argued that one of the reasons for the height limit in the Conditions might be to prevent people from building high decks at first-floor level. Often, if you dig your heels in, they will give up and not bother you.
I had a similar issue recently, when a planning officer was adamant that something needed p/p when I knew it didn't. I sent them a copy of one of the pics on the site I quoted to you, and they subsequently backed down.
It could be argued that one of the reasons for the height limit in the Conditions might be to prevent people from building high decks at first-floor level. Often, if you dig your heels in, they will give up and not bother you.
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The technical guidance on the 2008 PD legislation:
http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf
Defines height in relation to buildings:
‘Height’ - references to height (for example, the heights of the eaves on a house extension) is the height measured from ground level.3 Ground level is the surface of the ground immediately adjacent to the building in question. Where ground level is not uniform (e.g. if the ground is sloping), then the ground level is the highest part of the surface of the ground next to the building.
It is questionable whether decking could be considered a building. If decking was considered to be a building, would this mean that the decking would need to be considered having regard to Class A or E of the legislation as an extension or outbuilding?
If not considered a building, then the legislation and technical guidance is silent on the issue of how the height of decking should be measured. Therefore it is unclear whether a measurement should be taken from the heighest ground level or alternatively whether permission is required if any part of the deck is above 300mm. The only way to get an answer on your local authority's interpreation is to get them to put some informal general advice on the subject in writing, or alternatively apply for a Certificate of Lawfulness.
http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf
Defines height in relation to buildings:
‘Height’ - references to height (for example, the heights of the eaves on a house extension) is the height measured from ground level.3 Ground level is the surface of the ground immediately adjacent to the building in question. Where ground level is not uniform (e.g. if the ground is sloping), then the ground level is the highest part of the surface of the ground next to the building.
It is questionable whether decking could be considered a building. If decking was considered to be a building, would this mean that the decking would need to be considered having regard to Class A or E of the legislation as an extension or outbuilding?
If not considered a building, then the legislation and technical guidance is silent on the issue of how the height of decking should be measured. Therefore it is unclear whether a measurement should be taken from the heighest ground level or alternatively whether permission is required if any part of the deck is above 300mm. The only way to get an answer on your local authority's interpreation is to get them to put some informal general advice on the subject in writing, or alternatively apply for a Certificate of Lawfulness.
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I haven't seen any appeal decisions which address this specific issue- it would be really useful if anyone can provide details of these decisions (e.g. appeal references)? I can't find any in the free appeal decision summary document on Planningjungle but I know this isn't up to date.
Thanks.
Thanks.
A lot of this helps me feel a little more positive about our situation, but still waiting on contact from the LA.
I guess one other way to look at the height issue, re deck versus extension is that if I were to build a conservatory, then the height restrictions would apply as described, and I would have to have it raised as it went into the garden as per my deck. The difference is that under PD I can extend / build a conservatory out by 3m, whereas my deck extends by 5.4m.
I guess one other way to look at the height issue, re deck versus extension is that if I were to build a conservatory, then the height restrictions would apply as described, and I would have to have it raised as it went into the garden as per my deck. The difference is that under PD I can extend / build a conservatory out by 3m, whereas my deck extends by 5.4m.
Arco123. I am in identical boat but based on technical guidance will not apply for planning permission.
One question though if anyone can help. For decking on sloping garden, taking the measurement from the highest point of the garden, it is well under 30cm if measuring up to decking platform i.e part you stand on. However I have attached a balustrade at the highest point. Should the measurement be including the balustrade? If so it would obviously be over 30cm i.e require planning permission. However to remedy this I could simply remove the balustrade.
I did query with my local authority this week and the lady said it is only the bit you stand in which the measurment is taken up to and not any rail.
One question though if anyone can help. For decking on sloping garden, taking the measurement from the highest point of the garden, it is well under 30cm if measuring up to decking platform i.e part you stand on. However I have attached a balustrade at the highest point. Should the measurement be including the balustrade? If so it would obviously be over 30cm i.e require planning permission. However to remedy this I could simply remove the balustrade.
I did query with my local authority this week and the lady said it is only the bit you stand in which the measurment is taken up to and not any rail.
Of course its the deck.
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