Deck on a slope - retrospective planning permission request

[BowlingShane]

Hi all,

Someone has reported a raised deck I had installed 2.5 years ago to the council and they’ve sent me a letter saying:


“It has been bought to my attention that a raised platform has recently been constructed at the rear of your property. These works require planning permission. This is because planning permission is needed for raised platforms more than 30cm above ground level at any point.


No such consent or permission has been granted, consequently the works are unauthorised and open to enforcement action.


In order to resolve this matter a planning application may be submitted for consideration by the Council.


Application forms and guidance notes may be accessed via https://www.planningportal.co.uk/applications. Please note that I cannot offer a view on the outcome of an application prior to consideration of any comments received as part of the application process. This should be submitted within 28 days and the required fee for an application is £206.”

I was advised prior to getting the deck/platform that I wouldn’t need planning permission because of the slope in the garden meaning that although the deck and platform is raised and parts of the deck are above 30cm the height from the ground measurement is taken from the highest point of the ground beneath the structure? Measured up earlier and it was 15cm at the highest point. For reference the decking is at the back of my garden facing towards the house. I have pictures of the land which was there before and you can see even if you stood on it then you’d be overlooking peoples gardens/houses.

The entire structure was all built in one go. Is there a difference between what regulations class as a platform and a raised deck? I’ve spoken to an independent planning advisor and they were explaining if I did apply for retrospective planning I’d probably run into issues and need to get ahead of it with the council to try and get it classed as a permitted development. What would happen next? Do you just get told to remove the entire structure?


Included drawing for reference.

 

[Murdochcat]

Just follow their process and pay their fees …..

 

[mrrusty]

Don't pay them a penny. Read this thread https://www.diynot.com/diy/threads/garden-decking-height.491731/

 

[BowlingShane]

Thanks - just for reference as well the decking js at the back of the garden and not adjoined to the house. Does that change the slope - 30cm rule at all?

I spoke to a planning advisor earlier who wasn’t aware of such a rule

 

[mrrusty]

99% sure it makes no difference - the height rule for outbuildings is also measured from the highest adjacent ground

I think I would go back to the planners and politely ask them to confirm their position, because your interpretation of the rules suggests that height on a sloping site is measured from the ground adjacent to the structure, and your deck is well under 30cm at the point where the adjacent ground is highest. You could even post a link to that thread....Give them an opportunity to back out gracefully.

If they don't, and if it was me, I would respond saying you are not going to submit a planning application as you believe it is PD and asking them to issue an enforcement notice along with reasons and referrals to the appropriate rules so that you can engage a professional to go straight to appeal.

That should at least get it escalated so it's looked at by one of the bosses and not the minions.

Caveat on all this is that you do have PD rights - i.e. they haven't been removed and/or you are in a conservation area etc.

 

[^woody^]

Don't speak to that planning "advisor" ever again!

The situation is as per the thread linked to by mrrusty, and as he describes above.

Highest ground level immediately adjacent to the deck.

 

[BowlingShane]

I couldn’t quite believe I was having to tell him about said rules..in his report tbf he did actually find more specifics and agree with me but doesn’t give me much hope in dealing with the council.

Should I just email the planning officer explaining how it’s permitted development cause of the slope and see what they do next?

There’s also an issue with the fence around the deck that in parts is 8ft with no planning. Should I just not mention that, apply for retro PP on it or try to get modified swiftly? The planning advisor mentioned how in selling a house these issues come up more and more now where solicitors will ask for permitted development certificates.

 

[mrrusty]

Dear Mr Planner

I believe there may be a misunderstanding. My deck is less than 30cm high measured at the point where the sloping site is adjacent. My interpretation of the rules, backed up by this thread (link) is that this is permitted development. Could you review and confirm please.

short and to the point. forget the fence for now - probably a non-issue

 

[^woody^]

Reply to the letter politely, succinctly but not curt. Limit the detail without appearing to antagonise. Answer the question asked only, ie the decking.

Advise the officer that the decking is within full accordance with your permitted development rights, under Class E and E1 (h) of the current published technical guidance. Specifically, less than 0.3m in height.

If you want to send a suitable photo - cropped to just show a portion of the high end, with a tape measure vertical to the ground and annotated with "measurement at highest ground level", that's up to you. Else invite the planner to attend at a specific time at some future date subject to your busy work commitments.

 

[BowlingShane]

Really appreciate your help everybody.

Will send them a response, I have a strong feeling the council will persist as I have a feeling the person who reported it knows people who work there so I am fully expecting some shenanigans on their part like on the other thread!

At what point should I look at instructing planning solicitors if they try to still make an enforcement based on their interpretation of the height ruling?

 

[mrrusty]

If you really do get an enforcement notice, (that's an actual notice, not a threat of one) report back and you'll get further help. Don't go looking for planning advisors yet (you don't want a solicitor at all). For now, just proceed softly. But don't be coerced in to paying for a planning application or LDC - total waste of money because it's PD.

 

[BowlingShane]

Thank you for your help

 

[BowlingShane]

QQ - do the same permitted development rules apply for height being under 30cm on land adjacent to the deck apply if you have a balcony section? As shown in my diagram, the deck steps down into a balcony section facing towards the house.

 

[^woody^]

It's all a "raised platform" in terms of planning law.

 

[BowlingShane]

Other QQ - I had intended to sell this house ASAP

Does getting letters like this from the council effect that?

Should I resolve this then put it on the market or try to sell first but tell solicitors we’ve had letters from the council about the deck and planning permission but that it PD and the next owner of the property can sort it?