For those interested in the ongoing saga.
I emailed a response to the letter to query the rules being applied. The response was a confirmation that the height closest to the house was being used. It was deemed that pp was required because an assumption was made that the ground at the rear of the property had been raised and therefore an assumption was made that the deck was more than 300mm above the original ground. Nothing in the email or letter mentioned the deck further from the house which is over 300mm above the ground.
I have a neighbour who has lived in the house over 50 years (since they were built) and he would swear that the ground level is as was when built. He also phoned the previous occupant (lived here for 30+ years) who put in the lower patio, who confirmed the ground level hadn't been raised, and we also have 2 drain holes set at the highest height. The local authority confirmed that they have no information around original ground level. The email states this is the critical issue, and they have also stated they have no proof one way or another. So it is looking positive.
The wording of the email really does seem like they want to say no and that pp is needed, but as soon as the rules were highlighted, they appear to be backing off, but am still waiting for a final response.
I emailed a response to the letter to query the rules being applied. The response was a confirmation that the height closest to the house was being used. It was deemed that pp was required because an assumption was made that the ground at the rear of the property had been raised and therefore an assumption was made that the deck was more than 300mm above the original ground. Nothing in the email or letter mentioned the deck further from the house which is over 300mm above the ground.
I have a neighbour who has lived in the house over 50 years (since they were built) and he would swear that the ground level is as was when built. He also phoned the previous occupant (lived here for 30+ years) who put in the lower patio, who confirmed the ground level hadn't been raised, and we also have 2 drain holes set at the highest height. The local authority confirmed that they have no information around original ground level. The email states this is the critical issue, and they have also stated they have no proof one way or another. So it is looking positive.
The wording of the email really does seem like they want to say no and that pp is needed, but as soon as the rules were highlighted, they appear to be backing off, but am still waiting for a final response.