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Hi guys You don’t need my case reference because planning is done on a case by case basis and not on precedent. I would suggest you read the PD guidance booklet, it gives you all you need. What’s important here is as long as the height of your decking is no higher than 0.3m adjacent to your...

Hi Guys It’s been a long time. Just so you all know i appealed to the planning inspectorate and I WON. Got the decision today. I was right all along. The council should measure from the highest point adjacent to the dwelling as the ground is sloping. As at that point the measurement does not...

On refusal of the LDC they said i had 6 months to appeal to sec of state. However before the end of this 6 month period i received the letter saying enforcement will take effect from 14 june. Which is 2 days shy of that 6 month appeal period. I have reached out to a planning professional, they...

My home is semi-detached where there is just concrete in the alley. So very easy to gauge the measurements from the eaves of the house. To add to this the enforcement officer has already taken measurements which verifies the height as below 0.3 metres. He also has pictures and i have also...

No such cover in my home insurance. I sought some legal advice through my work place. The person said some councils have a bi-law which allows them to apply their own methods. She advised that i confirm with them if they do and if so provide the documentation. I have made this request. If they...

Hi all Update on the situation. I have been served an enforcement notice by the council and have until 14 June to appeal to the secretary of state otherwise 14 July to remove the decking. Facts of the case: Decking is 290mm above the ground (measured from adjacent to house). It then measures...

I don't know the facts of that case but you say "the inspector to the view". Does that mean the guidance is what the planners make it out to be? i.e. They are able to take a view on the guidance and make their mind up? Seems like they are doing just that. She did say "they measure from the...

They could just take the measurements fro the enforcement officer. It would be the same. Nevertheless they are not disputing the height. They know full well what the height is they also know what the law and guidance says. They have just chosen not to follow it. That's bizarre. There is no...

They didn't say they would refuse an LDC. They said they would refuse planning which of course is decided on other factors. An LDC is based on legislation set by the govt. It should have been a straight forward acceptance. An LDC should have made the problem dissapear but clearly my local...

The planner does not need to come as an enforcement officer has already been and measured. I have also given them architectural drawings. I called them this afternoon and read out the rule and guidance to the person who made the decision. I told her it says you measure from the highest point...

Hi Woody Apologies for confusion let's start again. From the outside of my home the decking is 290mm high. As the garden is sloping and my decking is flat the other end of the decking goes to roughly 500mm high. However as the rules state "height is measured from highest point adjacent to...

Hi all, It's been a while but thought i'd update you. I decided to put in an application for a lawful development certificate on the grounds that it falls within PD. Unfortunately it has been REFUSED because "the decking exceeds PD tolerances set out in Schedule 2, Part 1, Classes A & E being...

In his email to me he writes the below. "to remediate the breach and to avoid enforcement actions please you must therefore either submit planning application for the retention of the development or build to the approved planning permission granted" However his advice is to get a lawful...

Thanks Woody I just got off the phone with the council person. He says he deals with this everyday and that in his view it needs to be stepped down. I told him about the legislation and the guidance especially in reference to the measuring of the height from the highest point. He said he...

Thanks very helpful. Abother thing that the council person mentioned to me, although this was not in his email, is that where the deck is 50cm above ground level there could be a privacy issue i.e. Being able to look over into the neighbours garden. Does this have any bearing in relation to it...

Thanks i also believe this. Where can i find a legal perspective on this to provide as supplementary evidence? Do i need to get a certificate of lawful development as advised? If so, i would need to provide evidence as to why my decking is PD.

As i step out of my back door the deck starts and is less than 30cm above the natural ground level. The other end of the deck is more than 30cm above the natural ground level (approx 50cm) This is due to the sloping ground beneath. I hope this clarifies.

Thanks so far. Through my research i found the below information. "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." If this were the case then i would not be in breach.

Hi All I hope someone here can guide me on the below. I have had built decking in my back garden. My garden itself is sloping. As a result of the slope the deck from the back of my house is below 30cm, in height, from the ground whilst the front of the deck is approx 50cm, in height, above the...