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Decking complaint (threads merged)

Discussion in 'Building Regulations and Planning Permission' started by Dicky mint, 25 Nov 2019.

  1. clifford1

    clifford1

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    Height has to be measured from somewhere close to the house, surely? If I placed decking flat on the ground at the top of the garden and continued it, level, back to the house, it would be about twenty feet above the apex of the roof. :)
     
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  3. LukeB123

    LukeB123

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    Not at all.

    You could in theory be X feet (lets say 20) above the highest part of the house, if your garden had such a severe slope upwards and the decking in constructed from that high part of the original ground level; Re-read the post and the definition of "height" when assessing buildings.
     
  4. tony1851

    tony1851

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    The meaning of "height" is defined in the Stautory Instrument covering the permitted development rules. On appeal, and if necessary on appeal to the High Court, the inspector or court must follow the definition of "height" given in the SI; this simply states that it is measured from the point of contact of the structure with the highest point of natural ground level.
    It doesn't matter if the difference in level is 100 feet, the law is clear.
    The OPs planning bods are going out on a limb.
     
    Last edited: 29 Nov 2019
  5. clifford1

    clifford1

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    Then the law is indeed an ass :)
    If that is really true then I could easily construct decking level with the first floor, accessible through an upstairs window. Presumably decking can have a low fence around it - a balcony in fact?
     
  6. tony1851

    tony1851

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    If the law bans parents from demonstrating outside a school against their young children being 'required' to undergo lessons on gender diversity, yet allows XR to bring London to a halt for days on end, affecting the livelihoods of millions, it is certainly an ass.
     
  7. jonbey

    jonbey

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    Laws are there to protect people. Much of the XR protests were organised with police approval, just a few idiots ruined it.

    Parents protesting outside schools really is not acceptable. The people protesting don't think about the wellbeing of the children when they protest outside a school. Kids are vulnerable and many find going to school hard, the last thing you want is a bunch of people shouting that the school and the teachers are not doing the right thing, it is very confusing for kids - plus some of these people have pretty radical views that should not be allowed anywhere near primary schools!

    Just reminded of the fact the parents at one school had placards saying "let kids be kids". Yeah, let them be kids, let them go to school without being drawn into a political debate. There are avenues to raise concerns with the school, via the school office, with head teachers out of sight etc.
     
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  8. ^woody^

    ^woody^

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    No in this case the law is sensible.

    Think about it, if not measured from the higher ground, it would mean that it would be very difficult to build anything under PD on any sloping ground.
     
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  9. Dicky mint

    Dicky mint

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    Many thanks for all your comments
    I will do nothing and wait for the enforcement
    Then within 30 days appeal to the inspectorate (online gov.website I presume)
    With all the reasons I have given on this forum.

    The enforcement officer did say he is. Fully experienced in his field of expertise and said that his years of experience will show that it's not permitted development and that I have no experience on planning issues.
     
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  11. John D v2.0

    John D v2.0

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    Every single time someone has used the "I've been doing this for x years so of course I'm right" argument on me that just confirmed they have been 100% wrong!
    More like "I've always got away with it before, I'm not going to let that change without a fight"
     
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  12. tony1851

    tony1851

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    Ask him if his experience extends to knowledge of the several instances in which raised decks have been allowed on appeal.
     
  13. pilsbury

    pilsbury

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    Keep us posted. Although might be some time before the enforcement notice and subsequent appeal. I really think you have a very good chance of winning this. It’s not as if your deck is a monstrosity and you have adhered to the 30cm rule. You don’t have loads of late parties and music out there do you?!

    I’m guessing the complainant knows someone in this department to get such an aggressive response.
     
  14. Dicky mint

    Dicky mint

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    No not compared to the neighbours who use foul language outside and do have hot tub partiesl 2am with music which I don't mind in the least . Each to there own let them get in with it . What I do find annoying is anything I do they go running to the council when it's nothing tod with them and I'm not impacting on there lives whatsoever. They must have pretty boring lives and nothing better to do.....
     
  15. pilsbury

    pilsbury

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    In my book, there’s only one thing left to do.... PTLB.
     
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  16. Dicky mint

    Dicky mint

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    Due those who have been following my post on permitted development of decking
    My time period to apply for retrospective planning permission has passed and my decking has not been removed

    Just had this email from enforcement
    .
    Mr ##########
    I note we have not received a planning application to regularise matters could you therefore please confirm that the raised decking has been removed. If you require extra time in order to carry out works we are prepared to allow a short extension of time to allow for the decking to be removed.

    Many thanks Mr #######

    Any thoughts
    Original story on link

    https://www.diynot.com/diy/threads/decking-complaint.534101/
     
  17. tony1851

    tony1851

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    Just ignore..............
     
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