Raised patio and tall structure

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26 May 2016
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Our neighbour recently built a raised slabbed "tier" to the back of their garden with a retaining wall, about 1 metre tall and the full width of the garden.

We have a 6 foot fence separating the gardens and they haven't altered the fence, so when they stand up on the raised tier next to the fence their shoulders/head are now above the fence.

But now they've installed a new structure, like a permanent metal gazebo. It has a solid roof which blocks our sun slightly and mesh sides. It's about 2.5 metres tall at the sides.
The local council allows structures up to 2.5 metres tall within 2 metres of a fence... BUT with the raised tier, this thing now towers above us!

So from their point of view, it's only 2.5 metres tall (because their garden is raised at that point). But from our point of view it's about 3.5 metres tall right next to the fence.

We would obviously speak to them before complaining - but I'm not sure which point of view the council will take? Are they still allowed a 2.5 metre structure after they've raised their garden, even if it's 3.5 metres above our ground level?
 
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The 2.5m is measured from the highest natural ground level on the side wall of the gazebo. There does not need to be any natural ground for the measurement to apply (just take the calculated figure). So it depends how the gazebo sits in relation to natural ground level and the terrace just makes it a little less obvious.
 

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