Permission needed for raised decking?

[astiling]

Hi, would really appreciate an opinion on this potentially complicated situation.

We're planning to buy a house that has a raised decking (>30cm) that was built in 2007. It has been the cause of dispute with neighbours due to size etc. Currently the sale of this house is obstructuted due to to this decking apparently breaching a covenant relating to annoyance. This may/may not be legally enforceable due to the compliance with planning permission so that will roll on for a while with the current vendor.

The question I have is that one quite likely scenario is that the decking gets removed pre-sale. If that happens and we agree a suitable size/shape deck to install would we need to apply for planning (it will be >30cm above ground due to garden slope)? Or, is the fact that this is a smaller structure than was previously acceptable grounds for not applying?

Would be great to hear views but ultimately I imagine we'll have to deal with the planning dept in some form.

Thanks for your thoughts.
Adam

 

[tony1851]

The height is measured from the highest ground level wherever it adjoins the decking, so if it is no more than 300 above natural ground level at one point, it will be OK regardless of the height elsewhere.

If the existing decking was built in 2008, it will be immune from planning enforcement. Is there a covenant restricting decking-height, or is it a planning condition on a previous approval?

 

[cjard]

Make sure that your house has the PD rights that let you erect decking (Class E) intact. They can be removed by past planning applications or by blanket article 4 directions applying to an area

 

[astiling]

Ah many thanks - wasn't aware of the detail on 30cm rule. That could help a lot.

There is a "general" covenant to which refers to creating an annoyance or something similar so really, just making sure you don't upset neighbours etc. This, I think may be hard to enforce especially if you are in compliance with planning rules and not overtly peeing people off - though I accept also that this is very subjective.

Judging by a planning app by a neighbour (approved) and teh comment on that ref the house we're looking at I think PD for decking remains intact.

Thanks again.