Planning for decking

[joeandrews]

I have just had a local landscaper install a new deck in the back garden, I'm very pleased with it.

Problem is, I got a letter from the planners a couple of days ago telling me I need planning permission for it, this means £150 for the application and the time/cost for the drawings.

He says it's my problem, I think he should have advised me about planning when he first looked at the job.

What do you think, should I go away and get on with it, or do you think I should persue him to apply for permission, and if necessary get him to ammend his mistake?

Many thanks.

 

[archiehughes]

Hi,

I am affriad the problem lies with yourself and not the builder of the decking, When it comes to planning it is the responsibility of the owner to ensure the correct plans are submitted etc.

Can I ask how the planning office found out so quickly?

 

[joeandrews]

I have had a long running problem with a neighbour for many years, I have no doubt he 'dobbed' me in.

 

[archiehughes]

Have they come out and inspected it then beofre issuing you with a letter etc? How big it the decking area in question does it take up more than 50% of your garden?

 

[joeandrews]

It is above 300m in height. The planner has been out, had a look and told me to submit a planning application.

 

[archiehughes]

How much above 300mm is it? Also is it on a concrete or over grass area?

 

[joeandrews]

Near the house it is 350mm above the ground, at the end of the deck (4 metres away from the house) it is 500mm above the ground level (obviously the garden falls away).

It is built over grass.

 

[archiehughes]

That's a shame I think you'll have to bite the bullet and get permission but remember what goes around comes around to oh mr grass next door, I bet it look's the business though always like the decking over a sloping garden.

 

[joeandrews]

Thanks archiehughes.

If there are any landscpaers out there what would they do if I was their customer and I had this problem; help me, or not?

Do I have an angle to go back to the landscaper?

 

[freddiemercurystwin]

I don't really understand what angle you can go back to your landscaper with tbh as has been mentioned by three separate posters to you the legal responsibility does lie with yourself not the landscaper. You know my thoughts on him from your previous thread but that is my personal opinion. Have you spoken to him and discussed it with him? In reality you would have had the financial outlay for a planning application whether it had been done before the work was carried out or afterwards as now! It needn't cost you more than about £170 if you do it all yourself.

Out of interest and more importantly when the planner met with you did he indicate if he would be minded to approve it or not? TBH you could always just do nothing and see what they do about it! Probably nothing given the climate we're in and going by previous threads on the subject on here I recall. You're certainly going to get plenty of warning letters before they did anything drastic if they really are determined to go through the process of having you dismantle it.

 

[WabbitPoo]

I always mention it to the customer, and the contract says all issues re: planning are their responsibility.

That said, if he was any good he would have dropped it into conversation....

 

[Richard C]

Do I have an angle to go back to the landscaper?

To get rid of ignorant & ill informed cowboys you should have IMO but, unfortunately, responsibility currently lies with you until legislation makes it otherwise. The “decking gem” has only been around a relatively short while & whilst 100 or 200mm over spec on a sloping garden is not much, it’s a question of where planners draw the line; some have been building decking at 2m+.

This sort of thing is becoming an increasing problem as we are bludgeoned with more & more regulation.

 

[joeandrews]

Thank you gentlemen for all your help.

 

[starscream]

Can you please post a pic of your decking? We moved into a new house in the summer and our rear garden drops away dramatically so I've been thinking about decking out over part of the slope.