house extension and added decking

[ajrobb]

Personally, I wouldn't try to circumvent the process. The Planning Department is there to protect you, I wouldn't wind them up by getting a Councillor involved before you've even spoken to them.

 

[ginley]

I have already spoken the councillor who is as it happens on the planning committee and she did'nt think that planning permission was needed for decking, i had to assure her that the planning dept had confirmed this, so she was off to check on this and is looking into a possible application, in the meantime I am going to look in the internet to see if Rochdale have a website for this. but I can rely on her she is pretty good with these matters but as she said each council can bend the rules if they wish, so I will keep you posted.

Many thanks

 

[lpasengland]

Hi Ginley,

As others have pointed out, most houses have government permitted development rights, and under such rights it is normally possible to install decking in the rear garden up to a maximum height of 0.3m above natural ground level without requiring planning permission from the Council.

It's important to note that this height is measured from "natural" ground level. So it's NOT possible for someone to (say) put down earth to artificially raise the level of their ground and THEN install 0.3m worth decking on top of this raised level. The 0.3m is the total that you're allowed - so if they've already artificially raised the level of their ground, then they're going to have less allowance remaining to install the decking.

It's also worth noting that where the natural ground level is sloped, the government legislation allows the measurement of this 0.3m to be taken from the HIGHEST natural ground level adjoining the decking. Unfortunately, this means that with a significant slope in natural ground level, it's normally possible to install decking that is 0.3m above natural ground level at one end, and then keep the decking on a level plane meaning that it will be much higher above natural ground level at the other end (this is permissible under the legislation).

As others have said, if you believe that your neighbour has installed decking that is higher than 0.3m above natural ground level, then it's probably best to contact your Council's Planning Enforcement section, and ask them to investigate. As others have said, it's polite to give them a chance to respond by their normal procedures, rather than going straight to a Councillor.

Hope the above helps
Steve

 

[ginley]

the position now stands as follows, I checked the Rochdale planning applications on the web no mention of anyone ever having applied for decking so I phone them and they tell me that my neighbour has not applied for planning permission but the councillor had phoned and it was being well monitored.

It looks like he is just hoping it will go away, but I think I will have to keep on to it in case the planning forget about it.

Thank you

 

[ginley]

the situation with my neighbour has not been rectified, I have had the panning officer round and he has said that he is intruding on my privacy, has taken photographs and suggested a 6' privacy screen of wanylap making a height of 10' off the ground . I pointed out that this type of wood would not stand our strong westerley winds and suggested he use shiplap and bolt it to the floor and walls I agreed to this, since then my neighbour has started to remove trees which will now give him a complete view of mine and the surrounding garden which are all around 80' long and he is sitting 4' above all these gardens. I ask that the privacy screen should now be brought round to the front to covr an area of around 4' out of approx 20. to replace the trees he is going to remove to limit his view of my garden. guess what the planning have said.(IF WE REFUSE HIS APPLICATION HE WILL ONLY APPEAL AND WE WILL HAVE TO DO THE PAPERWORK AGAIN) when I pointed out that this suggestion had been made by a member of a planning department in Manchester and there was no reason why it could not be implemented, the inspecting officer said neither he or his manager liked this idea as it would obstruct his view. THEN HE SAID WHEN WE ALLOW THIS APPLICATION. I stopped him there and pointed out that he had just given me the information I wanted they are going to allow this decking. so I am now meeting with my MP on Saturday I don't know if it will to any good. but the info on the rear of my objection response said that the issues relevant are PRIVACY.DESIGN APPEARANCE LAYOUT and he has broken all of these and built this without planning permission. there is something not right here. we can only guess

 

[ginley]

the outcome so far the above is that the neighbour has to remove the 4' high decking but he is going to appeal. the planning department in Rochdale seem to have a different view on planning regulations than other regions as they were going to allow this extension even though it comes under Building Regulations and not planning regulations, it was out of their juridiction but took the easy option of allowing the planning before it got to the approval stage. I got support from a councillor and following his advice as he knew how the planners worked (anything for an easy life) and I was visited by 7 councillors on the township sub-committee who sat in my chair and saw the that the wooden privacy screen which was about to be installed between our 2 houses was to be placed on top of the decking making a total height of 10ft affecting the right of light and making the only view from my patio window a 17ft Wx 10ft H brick and wood obstruction which they found totally unacceptable and combined with the intrusion of privacy in my garden they voted that the original application in 2007 should be approved and the new decking be replaced the the lower one.

I will have to wait now to see the appeal comes out, the moral appears to be that the planning departments do just what they want and get away with it and unless you can find something they have done wrong and threaten them with the ombudsman and get the local councillors to come and have a look for themselves at your objection then there does not appear to be a lot you can do except get a good councillor who knows how the planning works