Fence height over 2m - potential options

[BowlingShane]

Hi all,

I’m in a bit of a pickle with the council as I’ve had a planning enforcement letter come through about a raised deck I had installed a few years ago. I believe the deck structure itself would get a permitted development certificate due to the fact that it’s on a slope and at the grounds highest point the deck is well below 30cm in height.

However the fence around the decking structures height varies to accommodate the slope, to the point where it’s actually 8ft high in parts so way above the 6ft 6 threshold.

The enforcement letter doesn’t mention the fence at all but if I were to apply for a permitted development certificate for the deck would the fences height breach effect the chances of my deck successfully getting a PD?

Would it be wise to get ahead of this and get the fences height lowered now? Or should I create a separate retrospective planning application for the fence?

How easy is it to lower a feather edge board timber fences height? The feather edge board timbers are nailed in so assume they could be removed, cut to size then nailed back onto the frame? Even if the frame itself needed adjusting is that hard to do?

Is there an even easier way like getting a circular saw and just cutting across it at the 2m height all the way around?

Should I just leave it and hope for the best?

 

[freddiemercurystwin]

I would reply stating that the decking is permitted development and why it is, quoting the technical guidance, if you have a photo of the sloping land before/during construction include those, other than that ignore anything else they send you unless they actually start enforcement.

 

[BowlingShane]

Freddie - Do you think I should adjust the height of the fence?

 

[freddiemercurystwin]

No, have they visited?

 

[BowlingShane]

They haven’t but I’ve got the jitters over it. For my own peace of mind how easy is it to adjust the height of a fence?

 

[freddiemercurystwin]

Depends on the fence, could just be a saw as you say. Have they said they want to visit?

 

[Murdochcat]

Also depends on who reported you ……

 

[BowlingShane]

Not yet, just got the initial letter asking me to submit a retrospective planning permission application.

I’ve had advice to apply for a permitted development certificate in the meantime or to tell the council the deck they’re asking about is permitted anyway and leave it that. Then I guess would progress to asking for permitted development from there?

 

[BowlingShane]

Murdo - what do you mean ?

 

[freddiemercurystwin]

Not yet, just got the initial letter asking me to submit a retrospective planning permission application.

I’ve had advice to apply for a permitted development certificate in the meantime or to tell the council the deck they’re asking about is permitted anyway and leave it that. Then I guess would progress to asking for permitted development from there?

Apart from telling them it's PD you don't need to do any of that if you're sure it's PD.