Garden Decking Height

[RayCaister]

Now go round to the neighbours that made the complaint and tell them to fck off.

 

[John D v2.0]

Now go round to the neighbours that made the complaint and tell them to fck off.

it's not the neighbours that are negligent in this case, it's the council!

 

[winston1]

Be interesting to phone the council inspector and ask him why he wasted the council's money pursuing this when he was clearly wrong?

I did this over an incorrect parking ticket that I got cancelled on appeal to an independent adjudicator. Woffles and embarrassment all round.

 

[Murkyle]

Hi - I have almost the exact same scenario as you - decking on a garden that has a 17cm slope. However my deck starts at 15cm from ground level nearest back door (highest natural point) then steps up in the middle by another 14cm (29cm in total so still within PD according to the people who fit it for us over 18 months ago) - we have had a neighbour complaint and council visit, and letter saying remove or apply for retro permission. Your post has given me some hope that it is worth disputing... well done for seeing it through

 

[Llamedosnacuoy]

The fence does not come in to it. There is no right to privacy with regards to back garden fences and planning regulations. That planner should not be commenting on things outside of his remit and expertise.

With any planning regulation and height, height is always measured from the highest point of the ground immediately adjacent to the development (ie the deck). 300 mm for a deck is established as permitted development, and it does not matter what height the other end is above ground.

Invite that planner to state precisely why he does not think this so in your case, and advise him that you would not like to go to the expense of instructing professionals to prepare and submit an application purely on his advice - and then have to complain to the Ombudsman for your costs back if this was not necessary.

View attachment 129800

Glad I came across this website now. I'm due to move house soon but got put off putting decking up as I read it as 300mm maximum at any point. If this picture is correct and the OP has this same scenario as I will do too, then I'm now encouraged to carry on with fitting the decking up

 

[Murkyle]

Glad I came across this website now. I'm due to move house soon but got put off putting decking up as I read it as 300mm maximum at any point. If this picture is correct and the OP has this same scenario as I will do too, then I'm now encouraged to carry on with fitting the decking up

This thread helped me enormously too as it prompted me to challenge the council on their first letter post visit instructing me to remove or apply for permission for a deck that was clearly within PD rights. Fortunately in my case a simple email pointing out the slope, the highest point of natural ground level and that they may have erroneously measured from the wrong (lowest) point was enough for them to send an apology and withdraw the instruction. Happy days! Sadly the neighbour who complained has moved on to looking for other ways to antagonise

 

[SteveAlly]

Hi, brilliant thread, similar to my situation except mine has a DOUBLE slope, i.e. slopes down from left side to right side (when facing towards back) in addition to the slope down towards the back of the garden. My height of decking measured from the ground level using the rule of being the highest part of the surface of the ground next to the building is 28cm on the left side, but on the right side the height above surface of the ground next to the building is 80cm (due to the side-side slope). The opposite end of the decking from the house is about 100cm (due to the slope towards back of garden). Would I have permitted development rights in this situation ?

 

[LukeB123]

Sounds like it's permitted.

It doesn't matter how many slopes you have on decking or how the ground lies. If the highest part of the ground the decking is built off is no greater than 300mm to the top of the decking at that point, the whole deck is acceptable (subject to the 50% of the garden rule)

 

[SteveAlly]

Thanks, Luke. Another question, in order to add more privacy to the neighbour on my right side (who is lower than me), I'm erecting a 2m fence which the neighbour is happy with. However if I were to erect it from ground level rather than from the decking level, if an adult stands on the decking they would be able to see over the fence. Would it be unlawful to erect it from the decking which would bring its total height to 2.8m above ground level?

 

[LukeB123]

It would require consent. As it's over the 2m height, if you built it off the deck itself you could either argue the "deck" as a building as a whole is over 300mm - or that it isn't something minor to facilitate the deck, like a handrail and then measure it from the original ground level again (2.8m) and need consent.

In reality if the deck is pd the fence (if the neighbours are OK with it who it adjoins) probably isn't going to be a huge issue (as you'd like something their ideally to offer some privacy)

Kinda hard to give a view without seeing the site and the levels and how other people have done it in the immediate area, but if the neighbour on that side is genuinely OK, that's probably a big plus and if you do build some fence there, will probably never be checked.

 

[John D v2.0]

Sounds like it's permitted.

It doesn't matter how many slopes you have on decking or how the ground lies. If the highest part of the ground the decking is built off is no greater than 300mm to the top of the decking at that point, the whole deck is acceptable (subject to the 50% of the garden rule)

I'd just add to that the one situation you need to be careful is where the highest point is under the deck rather than at the edge, as technically it's the highest adjacent ground level you must consider, so doesn't include areas fully covered by the deck.
This would affect you if you were decking a mini hill, I suppose.

See https://assets.publishing.service.g...e/830643/190910_Tech_Guide_for_publishing.pdf

“Height” - references to height is the height measured from ground level. (Note, ground level is the surface of the ground immediately adjacent to the building in question, [...] ground level is the highest part of the surface of the ground next to the building.)

 

[SteveAlly]

Hi John, thank you for your reply, sorry but I dont't really understand.

 

[John D v2.0]

Hi John, thank you for your reply, sorry but I dont't really understand.

No problem, I don't think you need to - as one edge of your deck is 28cm from natrual ground level you are fine.

What I was pointing out is for anyone who reads this later - @LukeB123 used the words "ground the decking is built off" whereas the actual wording is more restrictive and doesn't cover area underneath the decking, only around the edges "ground immediately adjacent to the building in question"

This would only be of practical concern if the middle of your garden was higher than the edges for whatever reason, and is unlikely, but possible.

 

[Luke1988]

Hi All,

Really interesting reading this thread.

@LukeB123 @John D v2.0 wonder if you could advise.

I am looking to put some deck over the rock in the photo. (Arrow showing where)

The deck will be pretty much touching the rock at the highest point. Then at the bottom it slopes down so the gap will be around 30-40cm.

Would this fall under PD.

The rock is a natural feature of the garden and is much larger to the left of this photo. Would this class as the highest point of the garden? Photo again attached

 

[LukeB123]

@Luke1988 you'd probably be OK to build it under PD there I reckon. If it is "original ground" I guess it can be made up of big rocks and other things, that's not unreasonable.

You're only issue may be if it is raised by someone, it's pretty difficult to prove that a rock in the ground is the "original" land level (E. G. Anyone could throw a rock in the floor and pack some dirt around it and measure off it)

As I said, I think it should be OK from what you've said and the pictures (the land looks like it naturally was higher at the back and the gardens have been cut into it)

If you want to be sure / are worried, either take loads of photos and vids to show the height with something in there for context so it shows the height for future reference, or it may be worth in this instance getting a Lawful development certificate (only if your concerned by neighbours etc)