Where to measure height from?

[perky416]

Hi guys.

My garden steps up towards the rear, only around 150 mm. This step up is artificial and was build by us last year.

On this step i want to build a carport style canopy, however the height is very important and must be exact.

It is up to the boundary so the build can only be 2.5m tall.

I cant afford to come any lower at all.

Would the height of the structure be measured from this step? Or the original ground level?

Thanks

 

[Nakajo]

The original ground level. Reductio ad absurdum

 

[^woody^]

A step is artificial, unless it's a steppe.

 

[blup]

Wait 4 years and then the step will be immune from enforcement action.

Blup

 

[Notch7]

Hi guys.

My garden steps up towards the rear, only around 150 mm. This step up is artificial and was build by us last year.

On this step i want to build a carport style canopy, however the height is very important and must be exact.

It is up to the boundary so the build can only be 2.5m tall.

I cant afford to come any lower at all.

Would the height of the structure be measured from this step? Or the original ground level?

Thanks

Is there a higher point of natural ground level - if so measure from that

 

[John D v2.0]

Yeah as above it's"natural" ground level (so who knows if the whole estate has been terraced or otherwise adjusted since natural times), but it's unlikely to end up in court anyway for a small difference.
If you're really worried you can spend some time and money on a lawful development certificate, it even planning permission. But not likely to be worth it.

 

[^woody^]

"Natural" was removed from the guidance several years ago. It's just "ground level" nowadays and this does not include anything laid on top of the ground to increase its height

 

[John D v2.0]

"Natural" was removed from the guidance several years ago.

I was recalling from the actual legislation, so assuming my recollection is correct, are you saying it was also removed from the legislation or just related guidance?

 

[John D v2.0]

I had a quick search and is this case what you are referring to?
https://www.bailii.org/ew/cases/EWHC/Admin/2020/2588.html
Sounds in that case more like the height after the development is complete which in that case involved backfilling previously excavated ground to roughly the original levels. Therefore it was allowed.

I agree that Ground level will always be unclear unless you can afford enough legal assistance! As in hindsight the natural word doesn't seem to appear anywhere official in legislation.

 

[blup]

The planning portal links take you to this which defines height as the highest part of adjacent land.

The Town and Country Planning (General Permitted Development) (England) Order 2015 (legislation.gov.uk)

Blup

 

[clifford1]

"Adjacent" land is a very vague term. If your house is at the foot of an escarpment then adjacent ground level could be hundreds of feet above.

If your house was built on a hillside on an excavated flat area to create a horizontal base plus garden, would the "ground level" forever be the original slope? There has surely to be a time element - 5, 10, 100 years?

 

[blup]

Theres a channel 5 series in there somewhere, me and my 250 metre high garden building. I think adjacent is used rather than adjoining to allow for a degree of common sense by the lpa/ inspectors.

Blup