Decking vs Veranda - COMPLAINT - HELP!

tony1851 · 1 Sep 2020

Sorry, but that needs P.P.
It's not the highest point of natural ground level of the house as a whole, but natural ground level adjacent to the platform itself.
Why not offer to put a screen up on the complaining neighbour's side, in the hope that the council might give you a retrospective approval, rather than them taking enforcement action.

Saz1964 · 1 Sep 2020

@tony1851 thanks for your advice. I thought when a structure was attached to the house the highest ground level would be what was adjacent to the house. If I'm wrong, then I'm wrong! The neighbours don't want any higher screening, we already offered. Does shubbery make any difference when applying for planning? If we were to plant lots of screening..

Saz1964 · 1 Sep 2020

Also, both ground levels are artificial. The house is on a steep hill but they levelled out the ground level in the garden so that it was even. Same for the main house.

tony1851 · 1 Sep 2020

Unfortunately the term 'natural ground level' refers to the ground level immediately adjacent to the new structure, not the house as a whole.

There are a number of appeal cases on the Planning Jungle website which consider how this is measured. One case states that 'ground level' refers to the ground level existing on 1/7/1948 (or immediately after the property was built, whichever is later). Another inspector determined that it is the level of the ground immediately before the structure was built.

In either case, it looks as though your platform falls outside the rules.

If neighbours are bothered about high screening cutting out light, would a screen in frosted glass be feasible? It's not a large deck and with some suitable screening both sides, it might be hard for the council to find a reason to refuse a planning application. Just because the neighbour might formally complain, it doesn't mean that the council will automatically refuse an application.

Saz1964 · 1 Sep 2020

The council seem to be on the neighbours side so I know PP won't be accepted during the standard process and we will have to appeal. Is it worth waiting for an enforcement notice? I read you still have the option to apply for planning permission when appealing an enforcement notice; would an application then go straight to the planning inspectorate or do the council review it? You can tell me if that's not a good idea but just thinking of what will be the path of least resistance..

tony1851 · 1 Sep 2020

If you are prepared to consider some suitable screening to maintain privacy for the neighbours both sides, why not consider a planning application showing that on the drawings; also send with the application a written statement explaining how you have considered the objection(s) and are happy to modify the deck accordingly.
The advantage of this route is that if the council still refuse it and you decide to go to appeal, you have the benefit of putting in your grounds of appeal that you have attempted to address the privacy concerns.
Privacy for neighbours is usually the chief objection to raised decks and if you can address that point, you might have a chance on appeal.

^woody^ · 1 Sep 2020

Saz1964 · 1 Sep 2020

@tony1851 okay great. I will try that route. There is bamboo screening on the left side so neither of us can see into each others garden although they have still complained. I will suggest suitable screening each side with raised fencing and see what the response is. Thanks for your help!

Nakajo · 2 Sep 2020

Er, this casts rather a different light on things.

kingandy2nd · 2 Sep 2020

Nice veranda you have there. You say the decking was pre-existing - I can see some of it looks quite old from the age of the wood.

Can you evidence that part is at least 4 years old? If you go for PP - make sure it's for the extension to the existing deck, (i.e. show the before plans with the original decking) so there's clarity that even if PP is denied, that you can at least revert back to the original decking and not have a floating door.

denso13 · 2 Sep 2020

Saz1964 said:
I have now raised a complaint with the council as it seems really clear he is colluding with the neighbours.

This won't have helped either along with questioning his decisions several times. It seems he has been correct all along and I wouldn't hold out much hope.

cdbe · 2 Sep 2020

That would give me vertigo. I'd have gone for three long, wide steps across the doorway down to the platform with some planters on the left and right, this would reduce the height by a third, and reduce the height of the staircase into the main garden, the wide steps would also push the platform further down the garden away from your neighbours patio arrangements. I know it's not the level threshold you're after but steps aren't too bad - people seen to like sitting on them.

Still not PD but maybe more chance of PP.

Saz1964 · 2 Sep 2020

@kingandy2nd yeah it has been there for 10 years so it's an alteration as opposed to am entirely new structure. Thanks for the advice.

@denso13 the complaint was about his conduct. I left the planning side well out of it.

@cdbe thanks!!

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Decking vs Veranda - COMPLAINT - HELP!

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