Retrospective Planning Permission for Raised Decking

[Reluctant Handyman]

Hindsight is a wonderful think.

In response to the other question, the end of the new decking that is connected to the upper garden is level with the natural ground level of the upper garden. Therefore yes the decking starts off at natural ground level.

 

[freddiemercurystwin]

Bingo!

 

[Reluctant Handyman]

and with the powers of modern technology I bring you...... (my best endeavours)

 

[motorbiking]

I've found several other "internet sources" including enforcement complaints that say the advice in this thread is wrong and that the 30cm rule isn't applied from the highest natural ground point. I'm not suggesting they are reliable, but given planning law is as exciting to read as the traffic signs and general directions SIs I'm trying to find something where someone else has done the leg work..
https://www3.havering.gov.uk/Docume...t-notices/2014/3-austral-drive-hornchurch.pdf
https://www3.havering.gov.uk/Docume...8a-wilfred-avenue-rainham-appeal-decision.pdf

 

[SFK]

MotorBiking,
I only looked at the first document and noted that:
- they were addressing this issue because of a specific cause.
- the 30cm rule is mentioned.
- and there is suggestion that they could reduce the decking to gound level.
So I wonder (but have no idea) if this decking is >30cm everywhere, and so OP is still okay as his is <30cm at one point?

COPIED FROM FIRST DOCUMENT
……………………… The Decking by reason of its width, height and position is causing an overlooking problem to the neighbouring property. The height of the Decking allows people when standing on it to see over the boundary fence towards the rear facing rooms and outdoor area nearest to the house, which are the most sensitive areas in terms of overlooking.
The Council has had several discussions with the owner, informing them that planning permission would need to be sought for the Decking area but to date no application has been submitted or decking reduced in height. Policy DC61 (Design) of the Local Development Framework states that planning permission will not be granted when a proposal results in unacceptable overshadowing, loss of sunlight/daylight, overlooking or loss of privacy to existing and new properties. Therefore, the Council considers the raised Decking to be contrary to Policy DC61.
5. WHAT YOU ARE REQUIRED TO DO
(i) Remove the Decking in its entirety OR reduce the height to bring it within the permitted development criteria of 0.30m to the immediate adjacent ground level. ………………..

SFK

 

[Reluctant Handyman]

Many thanks. It is interesting that both of the appeals above reference the impact on privicy for the reason to refuse permission, and even more interestingly (if there is such a thing) the second one notes the height at the end of the structure (1M above ground level) but it is not referenced in any other way.

I've looked around myself but as i couldn't find anything I thought i would "engage" the wider community. I'm just trying to work out why they think there is an issue and if it's the height then fair enough but i don't want to find out out that there are size constaints as well and the "context" comments worries me.

 

[freddiemercurystwin]

It is applied from the highest ground level and is defined in the Technical Guidance: https://www.gov.uk/government/uploa...der_Technical_Guidance__-April_2017_FINAL.pdf page 6

 

[Reluctant Handyman]

Ok i didn't see that last comment about reducing it to 30cm of the immediate adjacent ground. Althought that word adjacent is back again and I understand (doing some research) that the criteria for adjacent is again open to interpretation.

 

[freddiemercurystwin]

You may also find this document useful: https://planningjungle.com/wp-conte...-10-Worst-Permitted-Development-Loopholes.pdf pages 34-37 of the PDF. And the planning jungle is a trustworthy site which can be more than said for much of the planning advice/legislation written on many council websites.

 

[Footsoldier888]

As long as a part of your decking is no more than 30cm above the natural ground level, it doesn't matter about the height-difference elsewhere, even if there is any overlooking.
DON'T fall into the trap of applying for planning permission - they will take your £172 and then issue a refusal.
Leave the ball in their court, but if they do issue an Enforcement Notice, you would have to appeal it otherwise the Notice takes legal effect at the specified time.

I understand what you say Tony. But say for the sake of argument they issue the Enforcement Notice, is the appeal something you can do for free relatively easily in this case or would you have to use a planning consultant say?

I am just thinking it is quite possible a neighbour has complained and may continue to do so until the EN is issued.

 

[freddiemercurystwin]

I've found several other "internet sources" including enforcement complaints that say the advice in this thread is wrong and that the 30cm rule isn't applied from the highest natural ground point. I'm not suggesting they are reliable, but given planning law is as exciting to read as the traffic signs and general directions SIs I'm trying to find something where someone else has done the leg work..
https://www3.havering.gov.uk/Docume...t-notices/2014/3-austral-drive-hornchurch.pdf
https://www3.havering.gov.uk/Docume...8a-wilfred-avenue-rainham-appeal-decision.pdf

That first link doesn't mention the 'highest natural ground level' at all it says the imediate.
The second link is from 2003!

 

[motorbiking]

But in the document you provided it says adjacent to the building, so it seems to restrict where you can measure from.

 

[freddiemercurystwin]

You measure from the highest point wherever that may be that part of the development springs from. Look at the diagram in the loopholes doc.

 

[tony1851]

Are there rules around size of decking? I know there are issues with permiable surfaces at the front of houses but i do not think we have a surface water issue. The garden is quite large and this is a small % of the overall size of the garden (<50%). Its also not attached to the house so it is not an extension.

Sadly I have not got a picture from the lower garden only from the top which doesn't show anything helpful and it's been a little dark by the time i get home to take one the last few days.

There is no limit on the superficial area of the decking, just that it must not be more than 30cm above the natural ground level, wherever that is; we can't seem to get to the bottom of this!

 

[SFK]

Foot,
This discussion is very interesting, but isn't the immediate solution to before you consider undertaking Planning Permission, shouldn't you simply call the council, tell them that "it is lower than 30cm from the immediate adjacent ground level, and so you believe that there is NO requirement for Planning Permission in your case". And then start discussions with them with an aim to not go down that route.

It seems that this is what happened with that first example "The Council has had several discussions with the owner, informing them that planning permission would need to be sought for the Decking area but to date no application has been submitted or decking reduced in height.". The planing permission was then forced upon them, which they then failed, but the later pages allowed them to appeal.

SFK