Decking (again!)

[Pike999]

New here..hope folk can help!

I live in a detached house in the countryside - middle of nowhere.

To the front of my house is a grass garden that goes 10 metres forward from the house and 30 metres either side of the house. If you carry on forward you end up in a fenced off 2.5 acre field that is also ours

I'd love to put some decking in the FRONT garden. We live in a conservation area, but there are no Article 4 restrictions in play.

5 metres to the right side of my house and 5 metres forward is where I'd like to start the decking...

That is ground level and it's the level the house is at. I know I can go up 300mm from this point. And I will. The decking will go forward from there. Forward of this is a drop off as the garden slopes radically down, so the decking will be less than 300mm up from ground level at the back...it will go forward at the same height and will be about 2 metres off the ground where it finishes...underneath here will be ideal for storage!

It will stop just short of a stock fence line running right to left that leads in to a 2.5 acre field also to the front of the house (referenced above)

Having read the regs, as follows..

• The decking is no more than 30cm above the ground

SORTED: I know we measure from the highest point...

• Together with other extensions, outbuildings etc, the decking or platforms cover no more than 50 per cent of the garden area.

SORTED: Though the house has extensions and there are outbuidings, the garden is HUGE, so we don't breach 50%, without including fields (we have 2x 2.5 acre fields...one, as described to the front, one a long way off to the side)

. None of the decking or platform is on land forward of a wall forming the principal elevation

PROBLEM: I have read up on this. My understanding is I need planning permission because the decking is in front of the building line of the house? Surely that cannot be right?!? The decking isn't attached to the house...it's in the garden

I understand in the city it might be unsightly to have decking in front of the building line...but in the country where I'm 1/2 mile and 6 fields away from the road?

I can only imagine I am reading the regs wrong, but equally I suspect not

In my travels I do visit addresses in the countryside and see alsorts of things in front of the building line. Am I to presume they all required and got PP and BRs or have I totally read this wrong?

I've spoken to a couple of decking companies who tell me decking is a temporary structure and 'it will be alright'...

We shall see..

Thoughts, anyone?

 

[freddiemercurystwin]

Any decking forward of the principal elevation requires planning permission, if you think you won't get grassed up then go for it.

PD does not take into account your location or specific circumstances.

The decking companies don't care, they will just claim ignorance should any action be taken and you quiz them on it.

 

[^woody^]

If PD rights do actually exist, the only stipulation for decking is that it's less than 300mm high

 

[^woody^]

There is no such thing as a "temporary structure" in planning.

There may have been in 70's

 

[freddiemercurystwin]

If PD rights do actually exist, the only stipulation for decking is that it's less than 300mm high

It's not permitted in front of the principal ele.

 

[Pike999]

It's in front, but to the side, so I'm guessing planning WILL be required?

 

[Pike999]

If PD rights do actually exist, the only stipulation for decking is that it's less than 300mm high

It seems others disagree...and the rule about being forward of the building line IS there, in the regs....

 

[Pike999]

It's not permitted in front of the principal ele.

And was I right in decoding 'principle elevation' to mean the houses building line?

 

[^woody^]

It's not permitted in front of the principal ele.

Hmmm

"... and subject to the other limits and conditions under this Class"

But that relies on decking being defined within the context of a building ...

"“Building” - includes any part of a building and includes any structure or erection, but does not include mechanical plant or machinery or gates, fences, walls, or other means of enclosure."

I'd want to se some authority that decking has been so previously defined as such

 

[Pike999]

Can't say I've EVER done planning. Given the circs, anyone know of the cost and likely hood of this being passed?

 

[Pike999]

Hmmm

"... and subject to the other limits and conditions under this Class"

But that relies on decking being defined within the context of a building ...

"“Building” - includes any part of a building and includes any structure or erection, but does not include mechanical plant or machinery or gates, fences, walls, or other means of enclosure."

I'd want to se some authority that decking has been so previously defined as such

Here's a councils planning poetal / website...specifically applying to decking:-

Planning Permission
Putting up decking, or other raised platforms, in your garden is permitted development, not needing an application for planning permission, providing:

• The decking is no more than 30cm above the ground
• Together with other extensions, outbuildings etc, the decking or platforms cover no more than 50 per cent of the garden area.
• None of the decking or platform is on land forward of a wall forming the principal elevation.

 

[^woody^]

Here's a councils planning poetal / website...specifically applying to decking:-

Planning Permission
Putting up decking, or other raised platforms, in your garden is permitted development, not needing an application for planning permission, providing:

• The decking is no more than 30cm above the ground
• Together with other extensions, outbuildings etc, the decking or platforms cover no more than 50 per cent of the garden area.
• None of the decking or platform is on land forward of a wall forming the principal elevation.

Councils use lazy cut an paste quite often

The concept of the forward elevation applying is based on decking being defined as a "building". So as previous, I'd want to see some authority - an appeal or precedent to say that decking is a "building", a "structure" or "an erection".

Let's say you lay decking level with the ground. That's no different to paving, so why should it be treated differently? So following that principle, what would make decking attract the need for permission or be classed as "decking" - decking at ground level just because it is decking? Decking raised above ground on a frame? Raised 10, 20, 100mm above ground?

 

[Pike999]

Woody,

There's no one more curious than me. I've searched and searched. I see hundreds of posts on the internet re the 30cm from the ground rule (and where you measure from etc)

Haven't found a SINGLE post highlighting the issue of decks forward of the building line

You'd think there would be tons of them. I don't know whether this research supports you or not!

It baffles me that companies can say it's not an issue. Councils insist it is and laypeople with an interest on forums can't agree...

Which leaves me thoroughly in the dark!

 

[^woody^]

You need to read the technical guidance, not council websites or even the planning portal. That defines what is PD and what types of development it applies to

Then for ambiguities, you need to check for previous planning inspectorate decisions or precedents. Websites tend to require a subscription.

In this case its Class E and (a) buildings and (h) veranda/balcony/platform

And the definitions in General Issues ie what is a "building" under Class E (a)

Permitted development rights for householders: technical guidance - GOV.UK (www.gov.uk)

 

[Pike999]

Woody,

Sincere thanks for your attention on this. I had read the technical document you refer me to above

My layman's take is a deck cannot be a building. But that's applying commensense. That and the law are strange bedfellows.

The definition also includes an 'enclosure' and I'd guess they could argue the space under the deck could be described as that!

But, the document you have referred to gives me hope / scope for further investigation.

My concern, without being rude to them, is I have spent just a day reading up on this and now probably know more than the people I'd be speaking to at the council arguing this!

I'd have thought, using commonsense, that if there was a ban on decking in 'front gardens' the internet would be awash with case studies...but then again in 99% of cases why would ANYONE put decking in their front garden (I'm the 1%, in the country with land that is only at the front of the garden)

More research required!

And I will deffo report back...

Here's the juicy bit from that document, that gets me excited:

29. A raised platform is defined in the ‘General Issues’ section of this document, as any platform that has a height of more than 0.3 metres (see page 6). Garden decking will therefore be permitted development under Class E subject to it not exceeding this 0.3m height limit and subject to the other limits and conditions under this Class.

So, as EVERYONE says, if at the highest point of the ground it is less than 30cm above that ground then it ISN'T a raised platform and is therefore permitted. Which gets me VERY excited

Except it then adds...

(Given what I have just said above)

'Garden decking will therefore be permitted development under Class E subject to it not exceeding this 0.3m height limit and subject to the other limits and conditions under this Class'

But, prey tell, what are 'the other limits and conditions under this Class'?