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This thread helped me enormously too as it prompted me to challenge the council on their first letter post visit instructing me to remove or apply for permission for a deck that was clearly within PD rights. Fortunately in my case a simple email pointing out the slope, the highest point of...

No comment!

UPDATE: following a very polite email to the council officer who visited asking him to clarify the exact breach and stating that our landscaping/decking contractors had designed and implemented within GPD regs and were happy to evidence this, I was delighted to receive this email today...

possibly but not clear this is understood by council

Yes to all of this Woody. This neighbour managed to drive out the people we bought from within one year - no disputes recorded but apparently police involved (which we did not know at time of purchase) so you can bet your bottom dollar this disputed is getting registered. Otherwise we actually...

That’s exactly what I plan to do - plead ignorance and fight the case under PD - but forewarned is forearmed so at least not it won’t be an unpleasant surprise if it does come up. Plan of action is to take our time and appeal if necessary

Found this on the original planning permission for the development - no mention of Article 4, but can someone please translate into plain English for me - does this mean absolutely nothing can be done without planning? I think decking falls into Classes A and E from what my limited powers of...

Hmm sorry still getting to grips with all of this - the post code search online brings up my exact property and then there is a drop down relating to planning with nothing references there around any conditions. I will dig out my title deeds and have a scan though thanks.

Update: my LA publish Article 4 planning constraints via a postcode look up on their website and there appear to none listed for mine or neighbouring properties suggesting this is not the reason for the letter/suggested breach. Back to challenging the interpretation of height it is!

I will ask the planning officer - although in my LA they charge you £50 for a face to face visit for any assistance or queries when responding to their letter/applying for planning, but given how vague their initial letter is with no reference to legislation of the finer detail of the brief I...

That is AMAZING - our front garden is decking and structure free so we should be within PD for this them (which probably explains why council guy did not mention on his visit and only took the height measurement) - thinking this is worth disputing now :D

Thanks Woody. I’ve also just read about the 50% rule in terms of area and I’m slightly concerned we may exceed - the deck has various cut outs where there are flower beds and a sunk in hot tub which is not on any decking - does anyone know if these can be excluded from the total calculation of...

Sorry should also add - he was quoting the 30cm rule at me during the visit - so assuming planning - he clearly took the measurement from the lowest point of garden

To be honest the letter is very vague - it doesn't even properly specify the measurements taken and what the breach is for (although the title 'alleged creation of raised decking' is a clue) - the officer during the visit told us we were 17cm over and the letter stated 'the work described above...

Hi - I have almost the exact same scenario as you - decking on a garden that has a 17cm slope. However my deck starts at 15cm from ground level nearest back door (highest natural point) then steps up in the middle by another 14cm (29cm in total so still within PD according to the people who fit...

No comment ref neighbour :censored: Yes I know - regs seem as clear as mud - and some cases seem to win appeal on this basis while others do not. Hmmmm - may sit it out, try to challenge with council planning team and then see if they are prepared to enforce.

Can we challenge a visit and subsequent letter from council telling us our deck is too high when checking permitted development regs we believe they have measured from lowest rather than highest original ground level (sloping garden with long deck)?