Has neighbour re-broken planning?

Joined
24 Apr 2014
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Location
Lancashire
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United Kingdom
Hi,

I live in a housing estate on a hill, moved in 2.5 years ago. All the houses have back gardens on a slope. Ours is about 8' lower at the end of the garden than at the top and is arranged in 3 tiers. The next door neighbour has 2 tiers which has necessitated them building a raised wooden platform to level it out to that extent. Its quite a lot over 30cm above the lay of the land at the furthermost end. It was like that when we moved in and I assume its over 5 years old so I'm not bothered about it and couldn't do anything anyway. A couple of weeks ago, they built another raised platform on-top of their original raised platform right next to the fence between our properties and they have started using that area extensively and the people loom over the fence by about 2.5 feet. This new decking area is less than 30cm above the original platform. They often lean on-top of the fence and stare over our garden which is most annoying.

Now I don't plan on ratting on them and am planning to just raise the height of our fence with bamboo screening by a couple of feet. I'm not sure whether this will take the fence on my side over 2 meters. If it does then maybe means I am breaking planning, but I am just not going to put up with the overlooking situation. Hopefully they won't complain, but if they do would I have a case or would, because their original platform is probably > 5 years old mean that that would be classed as the new 'ground level'? I know they never got PP for the original platform.
 
Last edited:
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As you say the original deck effectively is immune from enforcement. However their new deck must be no higher than 30cm above the existing ground level to be permitted development, not the existing deck level.
 
Dob them in- no need to talk to them or otherwise raise a dispute, straight to planning and building control. They obviously haven't thought about the effect their construction is having on you. And don't build some ridiculously high fence that'll shade either your garden or theirs and be a maintenance nightmare in the first bit of high wind.
 
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just to clarify
is the highest natural ground level the new decking covers [the highest ground point it covers]more than 300mm below ??
 

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