Decking complaint (threads merged)

[^woody^]

allow a short extension

Ask if that will be permitted development.

 

[pilsbury]

From what I read in your previous post, everyone thought it was permitted development except this idiot. No matter how many times you told him he just repeated his own incorrect opinion.

if it were me I would reply stating simply that it is permitted development and it is staying put. This then causes him to either admit defeat or pursue you in whatever “planning court thingy” there is. Hopefully there will be the opportunity there to converse with someone other than this imbecile and get a voice of reason.

 

[Dicky mint]

I have planning aid on the case
A volunteer professional visited Monday
Birmingham planning officer by day to assist me

 

[pilsbury]

Be interested in his take on it and way forward.

 

[Nakajo]

'Birmingham planning officer by day' Woody moonlighting again?

 

[^woody^]

'Birmingham planning officer

Sir, you insult me.

 

[Dicky mint]

Here's what I was waiting for
Please advise what I should do next
Ignore ?
Forward this email ?
Obtain Certificate ? £300 to the Same Lpa ?
Do nothing and wait for the enforcement officer next move ?

Look at the red highlights
Remember this is a planning officer from another council who volunteers there time free for planning aid to help out with the underdogs.

Dear Mr ######

Thank you for allowing me to visit your property and look at the decking subject of the enforcement investigation the other day. There are two areas of decking within your garden (subject to the enforcement investigation) which you advise are positioned no more than 30cm above the natural ground level at the highest point but due to the slope in the natural ground level, and the need to keep the decking level, there are then areas where the decking clearly sits more than 30cm above the natural ground level. Due to the sloping levels within the garden it is my view that the overlooking opportunities are not increased by the installed decking. Further I also understand the trees along the boundary are under your control and offer screening along the most sensitive boundary. These matters would be considered if a planning application were submitted but I understand it is not your intention to do this as you consider the decking permitted development.


According to the correspondence you have sent me the Local Planning Authority (LPA) are considering the decking under Class E – building incidental to the enjoyment of a dwelling house. There is quite a lot of case law that establishes decking not attached to the house should be considered under this class. However, if it is being considered on this basis I consider it entirely reasonable to consider that the height of the decking should be considered from the highest natural land level and this is something I consider could be explored further with the LPA. It would also be worth exploring the ‘harm’ caused by the retention of the decking as well given my points above



As an alternative to discussing the matter further with the LPA you could apply for a Certificate of Lawfulness for existing development (this is a legal decision rather than a planning one).



However, if you are unable to reach an agreement with the Council or you did not/were not successful with a Certificate of Lawfulness application the Council may consider the harm caused by the development is such that it is in the public interest to pursue the matter by serving an enforcement notice. If an enforcement notice is served it will tell you what you are required to do to rectify the issue – you can choose to comply with this or submit an appeal. If you submit an appeal within the necessary time frame no further enforcement action will be possible until that appeal has been heard.



Whilst there is no requirement you may wish to employ a planning agent to assist you in the above as I understand Planning Aid have advised they are unable to support this.



I hope the above is of assistance and I would be happy to answer any queries that you have on the above.




Regards

##########

On behalf of Planning aid.

 

[Dicky mint]

Dear Mr x,



Thank you for allowing me to visit your property and look at the decking subject of the enforcement investigation the other day. There are two areas of decking within your garden (subject to the enforcement investigation) which you advise are positioned no more than 30cm above the natural ground level at the highest point but due to the slope in the natural ground level, and the need to keep the decking level, there are then areas where the decking clearly sits more than 30cm above the natural ground level. Due to the sloping levels within the garden it is my view that the overlooking opportunities are not increased by the installed decking. Further I also understand the trees along the boundary are under your control and offer screening along the most sensitive boundary. These matters would be considered if a planning application were submitted but I understand it is not your intention to do this as you consider the decking permitted development.



According to the correspondence you have sent me the Local Planning Authority (LPA) are considering the decking under Class E – building incidental to the enjoyment of a dwelling house. There is quite a lot of case law that establishes decking not attached to the house should be considered under this class. However, if it is being considered on this basis I consider it entirely reasonable to consider that the height of the decking should be considered from the highest natural land level and this is something I consider could be explored further with the LPA. It would also be worth exploring the ‘harm’ caused by the retention of the decking as well given my points above (they are my view only).



As an alternative to discussing the matter further with the LPA you could apply for a Certificate of Lawfulness for existing development (this is a legal decision rather than a planning one).



However, if you are unable to reach an agreement with the Council or you did not/were not successful with a Certificate of Lawfulness application the Council may consider the harm caused by the development is such that it is in the public interest to pursue the matter by serving an enforcement notice. If an enforcement notice is served it will tell you what you are required to do to rectify the issue – you can choose to comply with this or submit an appeal. If you submit an appeal within the necessary time frame no further enforcement action will be possible until that appeal has been heard.



Whilst there is no requirement you may wish to employ a planning agent to assist you in the above as I understand Planning Aid have advised they are unable to support this.

 

[pilsbury]

I’d take the names off if I were you

 

[pilsbury]

Ignore, forwarding this email or doing nothing and waiting for the next planning move all seem feasible. Paying £300 for a certificate is daft.

Probably waiting for the next planning move is best. This way you can still send this email but there is a possibility (slim) it will just fizzle out without stoking the fire just yet.

 

[John D v2.0]

agree I have reported the post under GDPR as it's publishing a third parties personal email address

 

[Dicky mint]

Oops I have now removed
Thanks

 

[Luke1988]

From where would the measurements for planning be taken if i were to put decking over the tock in the photo.

I’ve measure and it would be under 30cm in most places, but due to the slope of the ground, it may be higher as you move left.

 

[big-all]

yes to avoid the need for planning from the highest natural point it covers [adjacent to]
but be aware many in planning dont read the rules correctly so expect a battle even though they wont be involved

 

[Luke1988]

yes to avoid the need for planning from the highest natural point it covers [adjacent to]
but be aware many in planning dont read the rules correctly so expect a battle even though they wont be involved

Does that mean it could be measure from the rock it covers?