Originally the council were not really aware of the rules behind PD as you pointed out so I spent a while informing them, especially around the 30cm rule.

Yes the 1.5m fence is at the back of the decking and it serves to stop us falling off the end and as a privacy screen. This wouldn't stop it from being PD though.

I spoke to the council after the decision and they elaborated that it was the height issue and after careful consideration they had decided to measure the height from the lowest level. They said this was to be consistent with previous decisions they had made. I asked if there was anything that could change their minds but they said no. They also said that I would have a reasonable chance of winning an appeal and that this would be the way to go. Crazy isn't it!

So I am just filling out an appeal form right now!
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Let me get this right;

The council has issued you with an Enforcement Notice?

They have issued it on the grounds that they are measuring from the lowest point of the ground level?

They are doing this only on the basis that they have measured this way before, and yet they are aware that you are on good grounds and have suggested an appeal would be successful?

Then if this is so, the council would be regarded as having acted unreasonably in forcing you to do an appeal. In that case, you should apply for costs against the council when you complete the form.

DIYnot Local

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