Can someone shed some light on decking rules?

[Mpgk1]

Hi Guys

I have read several of the discussion on this forum, reference decking and planning permission.
I have a neighbour, who has decided to erect a 10m wide by 8m deck. The deck basically goes, from fence to fence on the back garden being 10m wide.
The garden is a sloped garden and drops away.
The way the new decking has been constructed is that it is built on top of an existing patio which is adjacent to an extension of the house.
With this being a sloped garden the decking area rises to halfway up my fence so my privacy has been lost.
I have been around and have tried to discuss the situation which frankly has fallen on deaf ears.
What can l do or how do l stand legally please?

 

[Nakajo]

From the description, it sounds as though the decking must be more than 30cm above the highest natural ground level adjacent the house.

If that's the case, and the neighbour has no planning permission, then it's a simple enforcement matter.

Of course, these things are rarely simple, I'm afraid.

 

[oldbutnotdead]

As above, the key phrase being natural ground level. Pics of neighbours house, patio etc would be handy but if the deck is inside that 300mm AGL where it hits the house you'll be stuck with it. If, however, the 'existing patio on the extension' has already been built up then it's not natural ground level so the deck may not be PD.

 

[Mpgk1]

Hi, thanks for all the input.

They have an old stepped patio area which is slabbed and backs onto the house extension.
They have decided to build a deck frame of this.
Does patio slabbling fall under natural ground level?

 

[mrrusty]

Does patio slabbling fall under natural ground level?

You could split hairs over a few mm, but I would say yes, so if the decking is <300mm above this level where the ground is at the highest point, it's compliant with PD.

This usually comes up the other way around where someone who has a deck has LA trying to suggest it needs PP. In the end the LA usually back down. As it is unlikely you can enforce anything prob not worth getting in to a dispute with the neighbour. There are many screening plants you can grow which don't come under high hedge legislation, so if it bothers you, plant some screening.

 

[^woody^]

Get with the programme people.

"Natural" has been removed years ago, so its the ground level that counts. This does not include anything laid on top of the ground such as slabs

 

[Mpgk1]

Hi woody

I've seen you've posted in other threads and are in the know how.
Surly if Pd has happened in installing the patio area, can you Pd again over the top?
I fully get that if the decking is 0.3m adjacent to the house but they are only get this from a Pd on top of pd which was the patio?

 

[Mpgk1]

Thanks for the help, appreciated!

 

[^woody^]

Surly if Pd has happened in installing the patio area,

What does this mean? What is PD about this patio area?

 

[Mpgk1]

I might have the terminology wrong.
But l thought if the patio has been privately developed (PD) being the patio, can you privately develop over the patio again with a decking frame?
How do you work out the ground level from where this decking has been built please?

 

[mikeey84]

PD is permitted development, meaning it can be done without planning permission.

I wouldn't worry too much about working it out- get a complaint into the council and get them to work it out.

 

[Mpgk1]

Thanks for the help. Is there a basic rule of thumb?

 

[mikeey84]

Rule of thumb for what? I made an error in my previous post I've now corrected!

 

[Mpgk1]

OK will do.

 

[sxturbo]

• Together with other extensions, outbuildings, etc the decking or platforms cannot cover more than 50 percent of your garden without planning permission