Decking Planning permission

[Pinnacle]

I've just had a member of coucil planning who turned up to see my extension tell me that I need planning permission for my decking.

Apparently a new law came in in October last year. I need to get as much information on this as I can from someone who knows if possible.

I've done the research on the web about this but the inspector is telling me to prove that the decking was constructed before this time.

I'm not sure that me posting pictures of it up in this forum in august 08 will hold any value in an appeal if they asked me to take it down.

 

[hotrod]

Changes were made to the rules regarding planning permission in October 2008. However, planning permission is not required (it falls under Permitted Development) for garden decking unless it exceeds certain restrictions regarding height and size.

If you post up further details regarding size/height/pictures it will allow posters to advise further.

hth

 

[Tipper]

Can be required if you are in a conservation zone.

(Sometimes the planning guys don't actually know what is and what is not required!)

 

[AndrewSchofield]

Pinnacle,

As i read it, the new regulations DO NOT permit development which includes the provision of a veranda, balcony or raised platform. I would suggest the planners are classing decking as a 'raised platform' and hence saying it does need planning permission if you put it in after 1st October 2008. Print out the page of this forum that includes the pictures and discussion re. your decking from last August - it can't harm your case for proving it was in before October - whether its a legal form of evidence or not, i'm not sure? Do you have any dated receipts from where you bought the timber etc... will your neighbours write a letter to confirm when you did it?

If you can't provide that to prove how long its been there, it may be worth just seeing if the planners can be bothered to take enforcement action on you - there isn't really anything else you can do - apart from submit a retrospective application.

 

[Pinnacle]

Thanks for the feedback guys.

This was the post I put up with pics of the decking.
//www.diynot.com/forums/viewtopic.php?t=145792

I stated that it was finally finished on the 25th August. So I've got a clear month and a bit before the regs came in.

I still have all the reciepts for the decking materials but I'm sure they will just say that proof of purchase does not warrent proof of construction.

Been reading a little more into the subject, this infor may help others that intend to install decking:

Situations Requiring Planning Permission
* Where the deck is situated within 20 metres of a highway.
* Where the deck platform is more than 300mm (1 ft) from the ground (effective 1 October 2008).
* If the structure would affect the amenity value or privacy of neighbouring properties.
* If the deck is attached to a listed building or situated in a conservation area or National Park.
* Decking area covers more than 50% of the total garden area.

TB 02 also covers decking can can be downloaded here http://www.tda.org.uk/downloads/TB02.pdf

 

[Pinnacle]

post up further details regarding size/height/pictures it will allow posters to advise further.

Opps missed this bit.

The decking area is 6 meters wide by 3.6 meters in depth (excluding the stars - which are 1.3 meters wide by 0.9 meters deep).

The height of the deck is 40cm from garden level adjecent to it, but saying this my garden is very uneven at the moment and once levelled the area near the decking will be 15cm higher thefore it will fall within the 30cm rule applied in Oct 08.

I check with 4 lots of neighbours (2 either side) and none of them havea problem with the decking. Only the neighbours either side realised I had decking.

So I really can't why our concil inspector had such an issue with it.

I spoke to my agent who is dealing with the extension planning permission and they say that they will appeal if we get an coucil order to take it up.

 

[NicKarla]

Been reading a little more into the subject, this infor may help others that intend to install decking:

Situations Requiring Planning Permission
* Where the deck is situated within 20 metres of a highway.

I realise this is an old thread but have just read the above quote which is concerning.
I have been completely landscaping my back garden that runs adjacent to a small road. My finishing touch is a subtle decking path that will be 3.5meters x 1meter and lowered to be flush with the ground. Due to the road running alongside our garden it will be within the 20meters distance. Will I really need planning permission for this or have I misunderstood, as I cannot see any logical reason that this is needed at all.

 

[freddiemercurystwin]

Due to the road running alongside our garden it will be within the 20meters distance. Will I really need planning permission for this or have I misunderstood, as I cannot see any logical reason that this is needed at all.

No, the 20m rule was pre 2008, it does not apply now.

 

[NicKarla]

Thank you. I thought this was a post 2008 ruling but relieved to hear that's not the case.

 

[tony1851]

@FMT, you certainly know how to get the message across.

 

[tony1851]

Mods!