Decking vs Veranda - COMPLAINT - HELP!

[tony1851]

The legislation does not refer to 'decking', but part E 1 (h) simply states that it is not PD if the development
"would include the provision of a verandah, balcony or raised platform". This is why the planning officer calls it a 'raised platform'.

In the interpretation section to the rules, it states:
"raised" in relation to a platform means a platform with a height greater than 0.3m.

The general rule is that 'height' is measured from the highest part of the natural ground level adjacent to the structure, so if the decking is less than 30cm above g.l. at the house end, it should be P.D. However, there was one specific case noted on the Planning Jungle website where an appeal inspector included the height of the balustrade within the overal height, and thus refused the appeal on the grounds that the height of the structure (ie decking + balustrade) was more than 30cm above natural g.l.

But that case does seem to be an outlier as it seems inconceivable that a platform more than - say - 60cm above the ground at any point should not have a guard rail/balustrade.

If the council issues an Enforcement notice, the OP must respond (even if the council's stance is unreasonable) otherwise the E.N. will come into effect automatically at the end of the stated period, and give the council power to remove it.

 

[Saz1964]

Thanks @tony1851. The decking is attached to the house so is the highest level of ground is the ground adjacent to the front door?

The officer said: 'Within the curtilage of your property, from the boundary of the front of your property, the land level is higher than to the boundary of the rear of your property, I am not questioning this fact, but when assessing the original ground level of your rear garden in which the new structure has been built on, I have to take the original ground level that this structure has been built on and not the overall height difference of the slopping land of your curtilage. Therefore, the new structure from the original ground level of which this structure has been placed on is higher than 30cm. Therefore, this structure requires planning permission'.

Is he correct or is this wrong?

Thanks!

 

[jacko555]

From reading the other thread, and, gov guidelines he is wrong.
Hopefully others who are more experienced can add to this.
If it was me, I would play the game, and, appeal. Don't apply for PP.
Do everything by the book.

I also have a vested interest, as I want to build a deck, on a slope, will face the same issue as you.

 

[freddiemercurystwin]

Photos please.

 

[Saz1964]

This is a rough sketch. The decking is attached to the house.

 

[Saz1964]

Oh and the lines above the decking are the bannisters

 

[jacko555]

Is it really a 90degree cliff edge or a bit of a slope?
Can I see photo?

 

[Saz1964]

Here is the decking mid-construction so you can see the drop. It is a 90 degree one..

 

[Saz1964]

Here is the finish..

 

[jacko555]

Erm. I'd assumed a slope with a ground level and a drop. There doesn't look to be anything you could take the 30cm measurement from.
Hopefully someone with more experience can advise, although to me, that doesnt lool to be PD.
Happy to be wrong

 

[Saz1964]

Okay thanks! That's where I'm a bit confused as technically the highest natural ground level adjacent to the structure is the ground near the front door (given the decking is attached to the house). I'm not confident on this though..

Any other opinions?

 

[denso13]

Any other opinions?

It's measured from the ground level adjacent to the structure. That is far too high.

 

[Tigercubrider]

Yes. I have read all the previous stuff as being decking just off the ground, possibly slightly higher, or designed to level out uneven ground.

You might have got away with a set of stairs to a ground level deck.

 

[freddiemercurystwin]

I think the OP needs a new tape measure.

 

[jacko555]

technically the highest natural ground level adjacent to the structure is the ground near the front door

Surely that bit is the highest natural ground level adjacent to the structure?