Raised Decking on a Hill-road

Raised Decking on a Hill-road

Postby Glassman » Tue Apr 15, 2008 5:16 pm

Hi all...

I've been searching the world-wide hoping to find out exactly where I stand with a raised decking area which has recently been completed to the rear of my house.

My local council are saying very little, if nothing at all; it seems this is yet another fee to pay their held out hands. I understand there are regulations and laws, but I personally had no idea whatsover that any kind of consent would be required.

Of the four decking contractors, not one suggested that we may need to make an application; our garden slopes down from the back of the house and continues to do so beyond our boundary. There is also a slope towards one neighbour. All the houses on our street are detached and not one house is the same as any other; the building line is also somewhat staggered as all the houses are also staggered in formation. We have also constructed a single-storey extension to the rear of the property which, as with any alterations / improvements, we have consulted with both our neighbours. They have not objected or raised any concerns in relation to any proposals. We moved to the house a little of a year ago and have been rennovating it ever since.

Everything seemed to be fine. We enthused a good relationship with one neighbour by paying our builders extra to reconstruct their old and decaying wall. As the building works neared completion, we intimated to 'John' that we were planning to construct a decking area and that the level of finished platform will be dictated by the pre-existing building. No objections and the notion was welcomed.

Two months after completion, John and his wife decide to "enquire" how much they could sell their house for as they spend so much time abroad at their second home. It transpires, according to John, that the estate agent made a comment about the height of our decked area (from our ground level to platform area is about 3.5/4-feet). This looks much higher as John's house sits on ground much lower to ours. The nett result of the valuation, is that John approached the local council to raise his concerns about, "the detrimental effect on the value of his property". He did not consult me, or my wife and any stage.

I can understand his concerns, but given that he did not object until his property was valued, my biggest disappointment lies in his failure to come and talk to us. We now have a letter from our local council inviting us to make an application for planning under the 'Town and Country Planning Act of 1990' within 28 days, along with a payment of £170.00.

Before any decking was raised, we spoke to the neighbours who gave us their blessings; we even offered to erect fencing/trellis/willow/plants to provide a screen between the two houses - they declined.

In my opinion, I cannot see why an application should be made, afterall, it is not a permanent structure (a structure it is none-the-less). The only other option we had for a patio was to have steps going down from our patio door onto patio/decking but this would have meant constructing stairs that drop to 3-4 feet below the back door; not good for young children or my elderly father in law who spends much of his time with us.

Can anyone shed any light on this, do I need to make an application?

Sorry about the long post.

Paul.
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Postby despair » Tue Apr 15, 2008 5:45 pm

Decking raised by that amount does indeed generally require planning permission
I guess your neighbours did not realise the impact of your decking until seen through someone elses eyes
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Postby koksy » Thu Apr 17, 2008 4:41 pm

I looked into this recently myself. This was the best summary I could find:

The requirements for planning permission for decking and deck projects are briefly set out below.
Decking Projects Requiring Planning Permission include the following (There can be other reasons)

* If the deck is situated within 20 metres of a highway. (This means the closest part of the footpath - not the road!)
* Where the deck is at 1st floor level of the house or above.
* If any part of the deck construction exceeds 3m in height from original ground level to the top of the balustrade.
* If the structure would affect the amenity value or privacy of neighbouring properties. (For example if your deck is situated where it intrudes on your neighbours privacy and normal use of house or garden) This is becoming increasingly important!
* If you live in a flat or maisonette - Totally different rules to living in a house as far as garden structures are concerned!
* If the deck is attached to a listed building or situated in a conservation area or National Park.

If your deck is at ground level, then it will not require planning permission, for you are simply adding a hard surface in your garden. You are entitled to do this anywhere in your rear garden - or all over it if you wish!
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Re: Raised Decking on a Hill-road

Postby monkeywithnoname » Wed Jun 24, 2015 1:32 pm

koksy wrote:I looked into this recently myself. This was the best summary I could find:



The requirements for planning permission for decking and deck projects are briefly set out below.

Decking Projects Requiring Planning Permission include the following (There can be other reasons)



* If the deck is situated within 20 metres of a highway. (This means the closest part of the footpath - not the road!)

* Where the deck is at 1st floor level of the house or above.

* If any part of the deck construction exceeds 3m in height from original ground level to the top of the balustrade.

* If the structure would affect the amenity value or privacy of neighbouring properties. (For example if your deck is situated where it intrudes on your neighbours privacy and normal use of house or garden) This is becoming increasingly important!

* If you live in a flat or maisonette - Totally different rules to living in a house as far as garden structures are concerned!

* If the deck is attached to a listed building or situated in a conservation area or National Park.


I keep seeing these requirements but cannot find anywhere in LA or government guidance regarding "If the structure would affect the amenity value or privacy of neighbouring properties." The only mention on the Planning Portal is the Height and % coverage. All I come up with is the Timber Decking Association who I assume the LA don't listen to.

Does anyone know where this is written in government guidance so I can go to the council with it?
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Re: Raised Decking on a Hill-road

Postby arsie » Wed Jun 24, 2015 2:06 pm

Not much said here but yes you do need to apply:
https://www.planningportal.gov.uk/permission/commonprojects/decking/

I could not find any more detail either. Maybe try a search on this site, there have been similar.

Unfortunate really. You have bent over backwards to get everyone onside.

Your neighbours are old school they have tried not to stand in your way but now, belatedly, they realise that a 4 foot raised deck next door to them, being lower, is very overlooking.

When you apply to the council I would offer to build a fence. Under the circumstances this might have to exceed the limit of 2m that doesn't need permision. I would also go round and apologise to the old folks and ask them what they would like to be done (apart from you 'stepping' the deck which you would rather not do as it would endanger your children and visiting elderly relatives.)

Don't hold it against them for going to the council, which is their right, they are probably kicking themselves for not raising their objection at the time. I would go round and eat humble pie and just swallow your understandable anger/disappointment.
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Re: Raised Decking on a Hill-road

Postby span » Wed Jun 24, 2015 2:38 pm

They're worried about the perceived drop in value of their house now that they intend to sell. Forcing you to remediate your platform restores their full value.

Incidentally, the value of their property would also be adversely impacted by the existence of a neighbour dispute, which they'd have to declare to potential buyers.

Imagine if you discovered a boundary discrepancy now. Imagine if you reckoned the fence was in the wrong place and they owed you a lump of land..... That'd be a dispute wouldn't it? They'd lose as much value or more than if there was an overlooking decking.....

Just saying, like.
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Re: Raised Decking on a Hill-road

Postby arsie » Wed Jun 24, 2015 2:51 pm

:mrgreen: :mrgreen: :mrgreen:
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Re: Raised Decking on a Hill-road

Postby arborlad » Wed Jun 24, 2015 2:52 pm

................this is a seven year old thread - monkeywithnoname is not the OP.
arborlad

smile...it confuses people
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Re: Raised Decking on a Hill-road

Postby Collaborate » Wed Jun 24, 2015 2:58 pm

Collaborate
 
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Re: Raised Decking on a Hill-road

Postby monkeywithnoname » Wed Jun 24, 2015 3:01 pm

arborlad wrote:................this is a seven year old thread - monkeywithnoname is not the OP.



Yes, sorry. I was just trying to find the origin of "If the structure would affect the amenity value or privacy of neighbouring properties." and if it is actually true this would require someone to get planning permission even if the structure is within permitted development (i.e less than 30 cm and under 50% of the garden)

It comes up a lot when searching but cannot find any government document with it in, only the TDCA
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Re: Raised Decking on a Hill-road

Postby MacadamB53 » Wed Jun 24, 2015 3:02 pm

Hi monkey,

I keep seeing these requirements but cannot find anywhere in LA or government guidance

you won't because, as I think you've already deduced, they're not part of legislation or government guidance.

if anyone tells you different then please ask for a reliable source and (if one is given) share on here.

Kind regards, Mac
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Re: Raised Decking on a Hill-road

Postby monkeywithnoname » Wed Jun 24, 2015 3:23 pm

MacadamB53 wrote:Hi monkey,

I keep seeing these requirements but cannot find anywhere in LA or government guidance

you won't because, as I think you've already deduced, they're not part of legislation or government guidance.

if anyone tells you different then please ask for a reliable source and (if one is given) share on here.

Kind regards, Mac


Thanks, Mac. Yes I am grasping at straws!

I emailed decking people who have this stated on their website and they said it was from the Timber Decking Association. When I asked for TDA's source I had a reply it was gathered from experience but couldn't give me an examples and every LA is different.
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Re: Raised Decking on a Hill-road

Postby MacadamB53 » Wed Jun 24, 2015 4:21 pm

Hi monkey,

if it is actually true this would require someone to get planning permission even if the structure is within permitted development

that statement is an oxymoron because 'permitted development' means planning permission has been automatically granted (ie. it doesn't mean planning permission isn't required).
it could mean a nearby property becomes worthless and all amenity is lost, planning permission is still automatically granted.

Kind regards, Mac
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Re: Raised Decking on a Hill-road

Postby Collaborate » Wed Jun 24, 2015 4:48 pm

It sounds too much like a subjective test for PD in any event. Perhaps one time someone got confused and that is a factor to be taken in to account when applying for PP, but completely irrelevant to PD rights. The problem is that a lie can travel half way around the world before the truth gets its boots on.
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Re: Raised Decking on a Hill-road

Postby arsie » Wed Jun 24, 2015 5:13 pm

MacadamB53 wrote:Hi monkey,

if it is actually true this would require someone to get planning permission even if the structure is within permitted development

that statement is an oxymoron because 'permitted development' means planning permission has been automatically granted (ie. it doesn't mean planning permission isn't required).
it could mean a nearby property becomes worthless and all amenity is lost, planning permission is still automatically granted.
Kind regards, Mac

Far-fetched fantasy for permitted development to render a nearby property worthless or cause all amenity to be lost. Even where an extension (which had planning permission) was built inches away from the neighbour's detached house in north London I think it was.

Worthless? All amenity lost? I don't really think so.

Good use of 'moron word though ;)
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