Deck on a slope - retrospective planning permission request

[mrrusty]

I don't think we can add anything more. Re-read the thread in post #3, and in that thread read post #43. I can't believe you are wasting your time with an LDC that will be refused.

Also, you can't interpret a letter as "enforcement action". It must be headed that it is a "Notice". If it doesn't say that, it isn't enforcement. a "notice" is a legal term. What you desperately need is to try and force the council to issue a notice of enforcement. I believe your planner is right - now the council have taken the position that the structure does not comply, they cannot issue an LDC, because the process doesn't allow it - they have already moved to the stage of commencing enforcement action even if they haven't yet issued a notice.

 

[canofcoke]

Intrigued if there is an update to this?

 

[MJakeM]

Have just come across this thread on Google while trying to find an answer to this myself.

A couple of things I’ve found so far.

The actual law page for permitted development states:

“(2) Unless the context otherwise requires, any reference in this Order to the height of a building or of plant or machinery is to be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.”

I then went through to find the rule about decking height, and the actual law states:

“Development not permitted
E.1 Development is not permitted by Class E if—

(h)it would include the construction or provision of a verandah, balcony or raised platform;”

So the actual law does not state that the decking can only be 30cm high - it only states that it cannot be a raised platform. That means the 30cm rule is likely based on case law as to what counts as a raised platform, which means it isn’t covered by the slope rule mentioned above. It also means the council only have to consider it as raised to reject it.

I’d be tempted to speak to a case officer off record as to whether this would likely get retrospective planning, and go down that route if they agree.

Link to law page: https://www.legislation.gov.uk/uksi...joyment-of-a-dwellinghouse/paragraph/E.1/made

 

[mrrusty]

Just read the thread in post #3 where this point was appealed to the planning inspectorate

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 exceed 0.30m the decking cannot be classed as a raised platform and therefore is a permitted development.

Thanks for your support!!!