Planning permission for decking

[Benny111]

Hi there,

Hoping someone can help as I have looked everywhere for info regarding this and can't find any more details.

I'm aware that planning laws state that permission is required Where a deck platform is more than 300mm (1 ft) from the ground (effective 1 October 2008).

We have built decking over an existing patio and made sure that the level did not exceed 300mm above this. The decking does, however, stand higher than 300mm from the lawn surrounding it. Does anyone know where the measurement is taken from when calculating height limits from the ground? Is it the earth or existing 'ground'? If it's the earth and I had to lower the decking to a level of 300mm above earth level then would I still have to seek planning permission for some steps so I could get out of my house?

Thanks

 

[freddiemercurystwin]

Its from 'ground level'. Technically I guess it would be where the grass grows out of the strata. What are you worried about exactly.

 

[Benny111]

It's more than 300mm from the level of the lawn but less than 300mm from the existing patio we laid it over so I will have to see if we can get planning permission for it in retrospect now if ground level means the lawn.

On this website...
http://www.thetopdeck.co.uk/planning_permission_and_decks.htm
the terms 'existing ground level' and 'original ground level' are used and I'm hoping that 'existing ground level' is the patio we covered over with the decking so that it's within the limits. I'm just not sure where the planning people will take the measurement from.

 

[geraldthehamster]

It's more than 300mm from the level of the lawn but less than 300mm from the existing patio we laid it over so I will have to see if we can get planning permission for it in retrospect now if ground level means the lawn.

You will have to? Who is making you?

Cheers
Richard

 

[Benny111]

We think one of our neighbours has complained as we had a letter from the council today saying that they want to check the height in case it exceeds the limit. It's the neighbour we don't get on with so no chance of sorting it out on friendly terms, just hoping we are in the clear. Thanks for replies everyone.

 

[big-all]

its the ground level under each area
if your talking 2 or 3 inches in some areas i wouldn't worry to much
what is the discrepancy
unless someone moans nobody will know
just invite the neibours to a couple off barbecues so they wont mind

i also believe you must keep the covered area to less than 50% off the original garden

edit
sorry missed your last post

 

[Benny111]

It's small enough in area and if measuring from the existing patio then it's within the limit and not over the damp course (not that we are joined to them anyway).

We used to have 3ft fence as a boundary but we paid out for 6ft so we both had privacy, the decking is nowhere near high enough to see into their garden as much as we used to when the original fence was in!

[/img]

 

[freddiemercurystwin]

The measurement is from ANY area of ground be it patio, lawn or whatever. The rules are very clear in this respect. Technically if any area of the deck is over 300mm higher than this it has been built without Planning Permission and you can be asked to apply retrospectively for it. You will have to hope the Planner is not having a bad day when they eventually pop round to have a gander.

@big-all: to say that its only a few inches over and they won't pursue it is somewhat naive, if a neighbour had not complained it is hard to understand how the council have found out! Permitted Development Rules are just that: Rules! If the council wish to pursue it they will do especially with a knowledgeable neighbour breathing down their neck!

@ the OP, you realise there's official gobbledygook rather than the claptrap on that website you linked to http://www.planningportal.gov.uk/england/public/buildingwork/projects/workcommondecking

Will Benny111 please state exactly how high the deck is above any of the ground at its perimeter be it grass or patio, your image does not appear BTW.

 

[big-all]

@big-all: to say that its only a few inches over and they won't pursue it is somewhat naive, if a neighbour had not complained it is hard to understand how the council have found out! Permitted Development Rules are just that: Rules! If the council wish to pursue it they will do especially with a knowledgeable neighbour breathing down their neck!

.

sorry fmt missed the previous post didnt realise someone had complained
thought they where botherd incase somone would complain hence the inviting to a barbicue to smooth over
i also dont think 2" is acceptable i was just saying if the odd small area is a bit above the average they wont be unsympathetic

 

[Benny111]

It's 560mm high from the lawn so looks like we're going to have to apply for permission then

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• Benny111
• 8 Aug 2010
• 1

Hope the pic worked this time. We dug down a bit to level the lawn area as garden was on 3 levels before we laid the lawn which seems to have shot us in the foot a bit.

I can't believe they complained, the neighbours the other side are fine about it. I wonder what my chances of getting planning permission are if they object? I can't see how it invades their privacy as we can't see unless we stand on tip toes and if I put the 3ft fences back in that we just took out the situation will be a whole lot worse for them.

Also they installed loft extension windows that look directly into my hall window so they're obviously not that bothered about their privacy. This was just before we moved in though so I don't think I can do anything about that now

Thanks everyone, you've all been really helpful.

The neighbours complaining are not the adjoining ones you can see in the pic, it's the other side.

 

[freddiemercurystwin]

Well at 560mm its obviously well over the defined limits so you may well have to apply. The planners sometimes take into account the neighbours views and sometimes they do not, unfortunately they (the planners) are a fickle bunch and cannot be predicted. If you end up applying for permission ensure you put in any evidence you can that supports your case (ie photos, supporting statements etc, additional sections showing site lines etc) to try and prove it does not overlook at all, if that is what you firmly believe! You should also get your immediate neighbours who support your application to write in letters of support after the application is registered and open to comment from the general public.

Not to play devils advocate but can you post a picture showing the other side, with the offending neighbour?

Out of interest how long ago did your neighbour carry out their loft conversion? If less than 4 years you may have some comeback. How are they overlooking, are they in the side of the house?

 

[Benny111]

I have resigned myself to the fact that we will have to apply now but I believe I can make a good case against it. I know my neighbours (the ones you can see in the pic) will write a letter of support plus the ones we back onto. You can see just as much of their garden from my patio door as you can from the edge of the decking and and as I said there was 3 ft fence before we replaced it so the situation is WAY better for them now even with the decking...

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• Benny111
• 8 Aug 2010
• 1

Thay have never been bothered enough to do anything about about the 3ft fence which they have (or had on our side until we replaced) down both sides of their property and don't seem to mind the window situation. We get on well with all our other neighbours and no-one in the area has a nice word to say about them. I'm sure you know the type of people we are dealing with here.

Re the windows - It was over 4 years and there are 3 at the side of the house approximately 4 or 5 metres away, clear glass and one is DIRECTLY opposite our window. I would guess that it's too late now to do anything about it. It was never a problem before but we have a new baby and my wife has to walk past at all hours of the night and in different states of undress to get to the baby's room.

 

[freddiemercurystwin]

Yes, if its gone past four years there will be no redress. Please keep us up to date with any further developments. Good luck with the Application if you are forced to apply.

 

[spongobongo]

BUMP

The Planning Act is quite clear on this issue: where the ground slopes or is uneven you're entitled to take the highest ground level where the structure meets the ground. As your garden appears to slope away from your house, the highest ground level will be nearest the house. If that results in the other end of the decking being a metre above ground level, then so be it. It's still lawful.

Hopefully, you'll have photographs showing the previous patio. Might be of use when stating your case to the planning enforcement officer.

If the worst comes to the worst and you need to apply for planning permission, it seems pretty obvious from your photos that there's no overlooking issues. Just make sure you have a massively noisy late night party when you get planning permission. And don't forget to make your barbecue nice and smelly!

 

[freddiemercurystwin]

it seems pretty obvious from your photos that there's no overlooking issues. Just make sure you have a massively noisy late night party when you get planning permission. And don't forget to make your barbecue nice and smelly!

Well it seems pretty obvious to me that there is an overlooking issue. If you were to stand on the deck are you suggesting you wouldn't be able to look down on the next door garden? Not directly parallel with the back of the house I grant you but certainly diagonally.