3 years ago I moved into my house which had some old decking (4 x 5m sq) in the back garden that was over 10 yrs old with a 1m fence at the end of it. This was on land that slopes away so the end of the decking was about 1.2m higher than the lower garden with only a ladder for access. The decking was in poor condition.
Recently I decided to renovate the decking by strengthening the sub frame, extending the decking by 50cm to 4.5m and replacing the decking boards. I also added some proper steps down to the lower garden. The fence at the back is now even higher than before so it is even more private. I didn't even consider that I would need planning permission.
Then a neighbour complained to the council about planning permission, and the council said it was unlawful and that it would have to be removed (without even seeing it). They argued that when I renovated the decking it was a brand new structure and so new rules would apply. This seems ridiculous to me and poses the question: how do you legally determine when decking is new or has just been renovated? It's a crazy situation when you renovate something in poor condition and because of that the council then argue that you should demolish it. If I hadn't touched the decking then the council said it would be permitted because it had been there for over 4 yrs.
This leaves me in a position where I have spent thousands renovating my decking which I could be forced to destroy and I could actually end up with half the garden I had when I bought the property, when all I was doing was renovating the old decking so my small children could play safely in their back garden.
I decided to apply for a lawful development certificate. I found a very similar case involving brand new decking on a sloping garden that was rejected and was overturned by the planning inspector. I also provided details of this to the council with my application so I was hopeful of success. However the council rejected it without giving a specific reason, simply saying that it was not permitted according to class E, which was very vague. I feel that they were annoyed that I was trying to get around their planning process.
I am now going to go to appeal at which point the council will have to articulate their legal argument more carefully and hopefully the planning inspector will overrule them. In fact I would hope that the inspector would be annoyed with them for wasting their time when I have already provided details of a successful appeal for a similar project.
However you can never be certain with these things and my concern is that if the appeal is unsuccessful, then I will have to apply for planning permission and I feel that the council are already against me. Also, they have much more power over a planning permission than a permitted development application.
Would the council have the power to make me remove my decking completely? How can you determine if decking is new or renovated? How much power do they have to demolish renovated decking? How can I fight my case the best way?
If there are any planning gurus out there please help.
Thanks
Recently I decided to renovate the decking by strengthening the sub frame, extending the decking by 50cm to 4.5m and replacing the decking boards. I also added some proper steps down to the lower garden. The fence at the back is now even higher than before so it is even more private. I didn't even consider that I would need planning permission.
Then a neighbour complained to the council about planning permission, and the council said it was unlawful and that it would have to be removed (without even seeing it). They argued that when I renovated the decking it was a brand new structure and so new rules would apply. This seems ridiculous to me and poses the question: how do you legally determine when decking is new or has just been renovated? It's a crazy situation when you renovate something in poor condition and because of that the council then argue that you should demolish it. If I hadn't touched the decking then the council said it would be permitted because it had been there for over 4 yrs.
This leaves me in a position where I have spent thousands renovating my decking which I could be forced to destroy and I could actually end up with half the garden I had when I bought the property, when all I was doing was renovating the old decking so my small children could play safely in their back garden.
I decided to apply for a lawful development certificate. I found a very similar case involving brand new decking on a sloping garden that was rejected and was overturned by the planning inspector. I also provided details of this to the council with my application so I was hopeful of success. However the council rejected it without giving a specific reason, simply saying that it was not permitted according to class E, which was very vague. I feel that they were annoyed that I was trying to get around their planning process.
I am now going to go to appeal at which point the council will have to articulate their legal argument more carefully and hopefully the planning inspector will overrule them. In fact I would hope that the inspector would be annoyed with them for wasting their time when I have already provided details of a successful appeal for a similar project.
However you can never be certain with these things and my concern is that if the appeal is unsuccessful, then I will have to apply for planning permission and I feel that the council are already against me. Also, they have much more power over a planning permission than a permitted development application.
Would the council have the power to make me remove my decking completely? How can you determine if decking is new or renovated? How much power do they have to demolish renovated decking? How can I fight my case the best way?
If there are any planning gurus out there please help.
Thanks