Decking complaint (threads merged)

[rssteve]

Does the decking not need to be connected to the house for this 300mm rule to apply?

 

[LukeB123]

Nope, decking is a building and so benefits from PD under class E (outbuildings)

It is restricted to 0.3m as this is in the guidance is defined as the height that's permitted to provide garden decking at - anything higher would be a raised platform that required consent.

 

[Nakajo]

Well, someone certainly requires the services of an independent planning agent.

 

[^woody^]

Do they?

It's been answered.

 

[Notch7]

Im confused.

its the word 'adjacent' I think

 

[John D v2.0]

Do they?

It's been answered.

Yes, the council need one

 

[^woody^]

Yes, the council need one

The council need to go back to planning school.

 

[Dicky mint]

Here's the photos of the height of the decking

 

[Dicky mint]

 

[Dicky mint]

As you can see the decking is almost sitting on the natural ground level

 

[Dicky mint]

From the planning officers response
I take it he's standing firm so do I send another letter or just go straight to the planning inspectorate?
Do I need to reply to the lpa / council

 

[Dicky mint]

Enforcement officer thinks I need planning permission and has given me 28 days to apply for retrospective pp or take down decking.
I sent a letter asking him to reconsider as it's not over 300 mm from highest point.
He basically has replied saying. It does need planning permission.

Do I now appeal directly to the inspectorate online or write to the planning officer telling him I still i believe that no planning permission is needed
And tell him I wish to appeal his decision.

Advice please

 

[tony1851]

You don't need to - in fact shouldn't - reply to the LPA; just now sit back because the ball's in their court. They have to decide if it's worth taking enforcement proceedings over the deck, while considering that if they loose their case (on the basis of their incorrect interpretation of the PD rules), there is a possibility of an award of costs against them by the Planning Inspectorate. You have already reminded them of the rules, so an Inspector on appeal could determine that they have acted unreasonably and put you to unnecessary time and expense.

If it gets to the stage of an appeal, you could consider subscribing to the Planning Jungle website; that has hundreds of appeal cases concerning the permitted development rules, and there will almost certainly be similar cases to yours which you could refer to in your submission.

 

[tony1851]

(See a response on your original thread)

 

[John D v2.0]

From a legal point of view Tony is right however it's still not clear what your objective is here.
Do you want to keep your neighbour onside at all, do you want this done and dusted or do you want the stress hanging over you, how much money do you have to make this go away quicker