Retrospective planning permission for decking on flat roof

[Matthew99]

Dear all.

Please can someone advise me. I made the mistake of believing my roofer when he said that because I had a door leading to my flat roof and the fact that the space was already used by us meant that I didn't need planning permission to deck it. It was decked and a staircase built to the garden and it was all nearly finished apart from the safety barriers when I received a visit from the council to say one of my neighbours had complained. They took a look and said I need to apply for planning permission but it will be very unlikely the decking or the stairs will be approved.

I was hoping someone on here might be able to answer some of my questions as I'm finding it hard to get hold of the Duty Planning Officers and the web is a minefield of information.

Do safety railings round a flat roof need planing permission? If so, if I include this in my application can that aspect be approved even though the rest is not permitted? If part of a project is not allowed, e.g. staircase, but another part may be permitted, e.g. safety railings, can I submit one planning application for all proposed work that could get partially approved or will parts which are not allowed result in the whole application being refused? Am I better asking for the bare minimum?

If the previous felt being removed from the roof resulted in the roof height being reduced by two inches so the added decking has only raised the previous level of the roof by an inch, will this affect the application favorably?

If a staircase is not attached to the building but is a free standing structure an inch away from the building, will this need planing permission? Or, if the stairs have wheels and become a moveable item that can be removed, does this require planing permission?

Will the inclusion of screening or high plants to restrict overlooking into neighbours properties result in the application being more likely to be passed? If so, can anyone advise what is best to propose?

If anyone can help with any advice on how I can salvage the largest part of the work that has been carried out I'd be very grateful. I've spent my life savings on this project, five grand so far.

 

[freddiemercurystwin]

You can only get an approval for the development proposed you won't get some approved and some not.

They will see straight through your dastardly plan of just getting your handrail or stair approved.

They can hardly take enforcement action for a staircase on wheels.

Its a shame you didn't manage to get your roofer to have written to you confirming PP was not required otherwise there may be some redress.

Barriers for screening seldom help I generally find unless they are fairly 'permanent', they can easily be removed or left to decay after a short while

You could always just leave it and carry on. Your Local Authority may take enforcement action they may not. Even if they do I would think the chances of them actually getting the handrail etc removed would be zero to slim and in anycase this would take quite a while and you would have plenty of warning. Unless of course you wish to sell in the near future whereby this will come up on a search and likely put off most buyers. After 4 years though it becomes immune from any enforcement action anyway.

Of course your neighbours may be fully justified with their concerns.

 

[Matthew99]

Thanks for your advice, it is highly appreciated. Unfortunately I've been very stupid and will likely have to pay dearly.

 

[Matthew99]

Would anyone know if I am allowed to put up screening around a flat roof? The bamboo ones let light through so hopefully it wouldn't block too much light for my neighbours and could solve the privacy issue. Or would this be seen as creating a fence that would need permission?

 

[^woody^]

All may not be lost

It is possible that the balustrade issue could be dealt with under permitted development. Se my text note below

The issue with the roof decking, well .... could it be removed, and not replaced or replaced with promenade tiles?

There are potential ways around the staircase issue too, if it is actually necessary. But even if permission was applied for, then it would be judged on its own and not as part of the a roof terrace - ie an "access staircase for irregular use"

Anyway read this and consult a local specialist planning consulant

****************************

Friday, 06 March 2009

An enforcement notice requiring the removal of a glass balustrade from a house in central London has been quashed after an inspector decided that it is permitted development.

Tagged by:England, Development Control, London, Householder development
The appellant had put up a frameless clear glass balustrade around three sides of a flat-roofed rear extension to a replacement dwelling. The inspector held that the use of the flat roof for sitting out was incidental to the occupation of the house, noting that the council had not barred the roof's use in granting permission for the property.

He accepted that the glass balustrade materially affected the dwelling's external appearance. Section 55(2)(a)(ii) of the Town and Country Planning Act 1990 meant that it involved development that fell within the scope of planning control, he reasoned, before going on to assess whether the development was permitted under the General Permitted Development Order (GPDO) 1995.

In his opinion, based on various court judgements, the development fell to be considered under class C, part 1, schedule 2 of the GPDO. This permits alterations to the shape of a roof provided that the shape of the dwelling is not materially altered. He decided that this involved a different test from the one used in assessing whether the external appearance of the dwelling had been materially affected as set out in section 55(2)(a)(ii).

Applying the test set out under class C required a straightforward comparison between the overall shape of the house before and after alteration, he considered. He concluded that the glass structure did not materially affect the shape of the dwelling and was therefore permitted development.

 

[Matthew99]

Thank you so much all this information is invaluable. Please excuse my naivety. I went into this whole thing recklessly. Another option I'm seriously considering is installing green screen hedge each side like seen at this link: http://www.eastofedenplants.co.uk/roof-garden-design-case-study-welwyn-garden-city.htm

It looks nice and would act as a barrier and screen. As far as I can gather it would not require planning, although I could be wrong. As it is environmentally friendly it gives me a stronger case and I can argue that we need decking to properly support it.

 

[Xenon]

How do you know its structurally sound to be used as a roof terrace? What calcs have been done?

 

[Matthew99]

The roofer has checked the joists and done all the calculations.

 

[^woody^]

Another option I'm seriously considering is installing green screen hedge each side

There may be two possible problems

1. You will require a fixed perimeter guarding to meet the building regulations (different to planning permission) and this hedge wont be acceptable

2. Those hedge containers will need to be fixed to avoid them being blown off or over. Fixing, could mean that the trough and upright poles come under the remit of planning regulations

I would find a local planning consultant for advice. There are the issues of the deck and the perimeter guarding/ballustrading, so you need to come up with something that will be either permitted development (ie no permission required), or something that will be acceptable to the planners and building control.

It will require some lateral thinking though

 

[catlad]

Why do you have an issue with stairs when you say you have door leading on to the flat roof.

 

[Matthew99]

I had a staircase built leading to the roof from the decking in the garden, but the council don't like it because it acts as an extension to the house which isn't allowed to come out any further and it is a raised platform that intrudes into my neighbour's garden. At this stage it's a luxury I'm preparde to remove to give the application a better chance.

 

[catlad]

Ok well what is the door you have now used for as most people that have flat roofs do not have this feature.

 

[freddiemercurystwin]

The roofer has checked the joists and done all the calculations.

The same roofer who said PP was not required

 

[Matthew99]

I don't even want to think about the possibility the roof is not safe at the moment. He spent a long time doing checks and he is a qualified roofer, so hopefully it's not an issue

The door was already there and used to access the roof, which we did, so the work was just to make it nicer and safer, but work was stopped before I could raise the foot high wall surrounds with railings.

 

[Matthew99]

I don't even want to think about the possibility the roof is not safe at the moment. He spent a long time doing checks and he is a qualified roofer, so hopefully it's not an issue

The door was already there and used to access the roof, which we did, so the work was just to make it nicer and safer, but work was stopped before I could raise the foot high wall surrounds with railings.