Decking construction

[Lorzor]

it's hardly overlooking

Well my eyesight may be failing but it looks to me that when stood anywhere near the back of all of the decking you will be overlooking.

It's still nearly 4 feet high. I'm sorry but if you stand next to my fence all the way down the side of the garden you will be overlooking because there is so much of a slope.

You wont be able to overlook the fence when I put a planting bed alongside the fence parallel to it anyway.

Not overlooked. no planning required.

 

[freddiemercurystwin]

As mentioned overlooking is not relevant to your Permitted Development rights.

Planners often dismiss planting as a means of obstructing overlooking when considering a planning application for a raised deck.

 

[tony1851]

Not overlooked. no planning required.

Be careful here because 'not overlooking' does not necessarily = 'no planning required'.

 

[mattylad]

If the fence was removed you would also be "overlooking", AFAIK there is nothing that can be done about overlooking - people do not have a right to 100% privacy when in their gardens.

If you own the fence then you are within your rights to remove it, replace it with a lower fence or make it more see through in other ways. As such just overlooking is nothing to do with them, face your seats so they look back towards your house and your not overlooking because your looking the other way lol.

 

[Lorzor]

So, looking at this from another angle I'm under no obligation to put a fence there at all so I can inform them that I'm just going to remove the fence or make it lower. It would be extremely diffiuclt to put another fence up there, there is only a very small gap, they would have to build it on a very significant slope >70deg.

 

[Lorzor]

Well, if anyone is still interested I have informed them that there is, infact nothing for me to overlook as the fence is mine and it is entirely in my own property and it is NOT a boundary fence as there is still 2ft of my garden on their side of it. I intend to plant some trees in that 2 ft space that should get nice and high so I don't have to see them again. Also if they want a boundary fence then they can build one on the boundary.

 

[mattylad]

2' of land the other side of the fence? heck your gonna lose that.

If they tend the area for 10 years they can claim it as their own.

Much better to fence your land in completely.

 

[tony1851]

Loezor, correct me if I'm wrong, but you seem to be assuming that if there's no overlooking of the people at the back, then there's no problem with Planning.

That's not the case. Even if you have a fence and trees, the council could argue that you (or any future owner of the property) could remove them.

 

[Lorzor]

well in that case then there is still no argument as my entire house and garden are overlooking his garden anyway. its a good 5 metres lower down than my garden, it is overlooked with decking or no decking. I could easily remove the fence and decking and it would make absolutely no difference. I can see this moving into a boundary dispute because if I remove the fence there really isnt anywhere else to put one without removing 3 rather large trees.