I don't think that the decking itself is the issue, nor the paved area, but potenially the building of the wall to support and retain the ground (and paved area and decking) could potentially be.
PD only applies to a principle elevation facing a highway. None of that here so the hard standing is not restricted. That just leaves whether the retaining wall is significant enough to be "significant" engineering works. I'd argue no, as the ground was already terraced.
It is a highway because in the interpretation section it states:
"highway includes an unadopted street or private way".
On that basis, I would say the rule on hardstanding applies.
If the wall does retain the ground (or any backfill) it could be classed as a retaining wall, hence a work of engineering.
I'm not trying to pour cold water on the OPs project - I think it looks great. If the council itself is in a quandry on whether or not this fits within the PD rules, then
hopefully they would just let it go?
The Architect has been today and confirmed PP is required, nothing was said about the path but I'm sure Council will pick up on it if there is a problem. We have come to the conclusion 'what will be, will be' and take it from there. Life's too short to worry about such things. Thanks everyone for taking the time to look and comment (although I must admit I didn't understand them all LOL!!!!)Thanks again. Linda
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