Decking complaint (threads merged)

[big-all]

is the rock part off the natural ground or an adaption in later years ??

if the raise is small then less likly to be a problem
but iff a big rise better to minimize at the top even to below 300 to say 200 to give a greater leverage when a dispute arises as its difficult to nit pick on or about 200mm mark compared to the maximum 300mm

 

[Luke1988]

is the rock part off the natural ground or an adaption in later years ??

if the raise is small then less likly to be a problem
but iff a big rise better to minimize at the top even to below 300 to say 200 to give a greater leverage when a dispute arises as its difficult to nit pick on or about 200mm mark compared to the maximum 300mm

It’s part of the natural ground.

The rise at the top closest to the fence is about 5-10cm at most. However, the rock slopes down to the ground, I think one corner will be about 35cm

The rock that is uncovered next to it is much higher.

As it’s part of the natural ground would this class as the highest point of the garden?

 

[^woody^]

Measured from a point on the highest adjacent ground.

 

[Luke1988]

Measured from a point on the highest adjacent ground.

Would the rest of the rock count as adjacent ground?

If I stand on the rock I can already see into neighbouring gardens.

 

[^woody^]

1. Adjacent = right next to.

2. Is the rest of the ground made of rock, or has the rock just been plonked there at some stage?

If yes to both then it counts, and that's where you measure from.

 

[Luke1988]

1. Adjacent = right next to.

2. Is the rest of the ground made of rock, or has the rock just been plonked there at some stage?

If yes to both then it counts, and that's where you measure from.

The rock is part of the original garden, you can clearly see the base of the rock.

The gardens have been cut into the ground where the rock was and some was left behind.

 

[^woody^]

That's ok then

 

[Luke1988]

Thanks

As with everything legal the guidance isn’t really clear. So this has helped a lot.

 

[Dicky mint]

Update today regarding decking
Basically the planning can't enforce so they are going to the landlord now
No loft has been converted just a storage area with a desk
Any advice as I can't see the housing association siding with me even though it's pd

 

[Dicky mint]

A year on and now established still only 30cm from ground at highest point that the natural land lies

 

[Dicky mint]

Check out my posts
I have a enforcement officer who can't understand the regulations
And thinks you have to measure from the lowest part of the land

 

[LukeB123]

View attachment 202683
Update today regarding decking
Basically the planning can't enforce so they are going to the landlord now
No loft has been converted just a storage area with a desk
Any advice as I can't see the housing association siding with me even though it's pd

The letter is sort of proof it's OK from a planning perspective - why would the planning department pass it on to another department if it needed planning - surely they would sort it. I think they are just trying to get you to remove it with pressure from elsewhere.

I think I would advise the housing association that it doesn't need permission. Unfortunately if the planning team are telling them it does - you might need to get an Lawful development certificate from the council... Unfortunately even with this granted (or granted at appeal) the housing association might not be happy. I think you need to discuss with them as if pp wasn't required on the visit, and see if they are happy for you to retain.

 

[Dicky mint]

I had a enforcement officer visit at my request from another council who volunteers for planning aid and she found legal cases that are in favour of my sloped garden regarding height she also said as we have control over the landscaping and conifers it would not cause a problem
As the original enforcement officer said there was a problem with privacy from neighbours points of view ?

 

[Luke1988]

Check out my posts
I have a enforcement officer who can't understand the regulations
And thinks you have to measure from the lowest part of the land

Is it his first day on the job or something?

 

[Dicky mint]

Jobsworth who actually barged passed a visitor of the house who opened the the door . running around the garden with a tape measure and camera and said he would be intouch