Decking

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moaningminnie
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Decking

Post by moaningminnie » Mon Mar 27, 2017 3:22 pm

I was wondering whether anyone has had any experience regarding raised decking by neighbours. We have a 6ft fence on all 3 sides, we are south facing and have no one looking over the back of our garden, we are all just a row of houses with wooded area and then a main road at the end of the garden. We purchased it knowing it would be a very private garden and it is actually my sanctuary.
Last year our neighbours put extensive decking across the back of their house (at least 0.5m high in places). We were not pleased with this as it instantly breached our privacy - the husband is over 6ft tall already! we never approached them about it; we accepted that it meant they were side on to our house and not sat looking directly into it. Although, when they are wandering around on the decking, we have no privacy when in the garden.

ANYWAY,

This weekend my neighbour informed me that 18" raised decking will be installed next month at the bottom of the garden. This now means from that position, they will be able to see directly into the whole of the garden and the house from a now elevated level. I pointed out we would feel like we were living in a "gold fish bowl" and would have no privacy in the garden plus, they will have a better advantage view of the kitchen, lounge and our bedroom! she just shrugged. We also have two daughters (12 & 19) who sunbathe/play in bikinis along with myself of course. I then suggested trellis, but it is their fence on that side & she doesn't like plants so that is a no, no. Now, I know they should have planning permission as it is over 30cm, I don't believe they have, I have taken a look on the council site. If I object to the council about this, it may raise the issue that they don't have planning for the current decking (it is a large section). I don't want to antagonise, I just want to prevent further loss of privacy with more raised decking down. I am sure that the lack of privacy depreciates the value of the house, it was only build 15 months ago. I understand why she wants decking there, the sun is at the bottom of the garden at the end of the day, we have a small patio ourselves but it is not elevated - I am sure they can still have decking but it doesn't need to be half a metre up the fence. It will be a BBQ area and dining area she informs us. Any advice is very welcome

MacadamB53
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Re: Decking

Post by MacadamB53 » Mon Mar 27, 2017 4:23 pm

Hi moaningminnie,

unless I'm mistaken, if the decking is <30cm from the natural ground level in places then planning permission is already granted by virtue of the latest GPDO.

Kind regards, Mac

despair
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Re: Decking

Post by despair » Mon Mar 27, 2017 5:28 pm

18inches = 45 cm and therefore cannot come under allowed planning

the neighbour needs to apply for planning

MacadamB53
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Re: Decking

Post by MacadamB53 » Mon Mar 27, 2017 5:57 pm

despair wrote:18inches = 45 cm and therefore cannot come under allowed planning

the neighbour needs to apply for planning
this is only true if all the decking is >30cm above the highest point of the adjacent natural ground level - but if the land is sloped/uneven and the decking is under 30cm from the ground at some point then it qualifies as Permitted Development.

Kind regards, Mac

despair
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Re: Decking

Post by despair » Mon Mar 27, 2017 8:23 pm

sounds like the OP is stuffed then and needs to plant some tall evergreen trees to block the view

moaningminnie
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Re: Decking

Post by moaningminnie » Wed Mar 29, 2017 12:53 pm

MacadamB53 wrote:
despair wrote:18inches = 45 cm and therefore cannot come under allowed planning

the neighbour needs to apply for planning
this is only true if all the decking is >30cm above the highest point of the adjacent natural ground level - but if the land is sloped/uneven and the decking is under 30cm from the ground at some point then it qualifies as Permitted Development.

Kind regards, Mac
Hi Mac,
I have found the latest GDPO (thanks for pointing me towards this) and I see decking comes under Class E - I can't see where it states planning is not required if at some point the decking is less that 0.3M. I know that the current decking is probably far higher than that at most heights, especially since they are having steps going up to the current decking when they have this set of works done. I have looked at the planning website for the house and there are no planning applications since it was built so, it doesn't like they requested it. My real issue is this new decking at bottom of the garden, surely our privacy means something in law when we have nothing else overlooking us there!?

Best wishes,

Tracey

arborlad
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Re: Decking

Post by arborlad » Wed Mar 29, 2017 1:05 pm

1. No part of the deck or raised platform is more than 0.3 metres above ground level.



https://www.planningni.gov.uk/index/adv ... fences.htm
arborlad

smile...it confuses people

moaningminnie
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Re: Decking

Post by moaningminnie » Wed Mar 29, 2017 1:34 pm

[quote="arborlad"]1. No part of the deck or raised platform is more than 0.3 metres above ground level.



Thank you Aborlad

MacadamB53
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Re: Decking

Post by MacadamB53 » Wed Mar 29, 2017 2:04 pm

Hi Tracey,

surely our privacy means something in law

it does, but not significantly more weight than your neighbour's right to enjoy using his land, such that it trumps all.

that is why planning title (aka planning permission) is required before any development of land - to allow such things are your right to enjoy your land - to be considered.

the GPDO, however, was passed on the idea that any development it grants planning title to is unlikely in all but exceptional circumstances to have been refused planning title had an application been required.

the trouble is, though, there are a number of "loopholes" due to the wording of the GPDO.

for instance, take a look at 2nd place in this list of the 10 worst PD "loophole" developments:

https://planningjungle.com/wp-content/u ... pholes.pdf

Kind regards, Mac
edit: arborlad, that is guidance not legislation, published to make life easy
I take my lead from pilman: http://www.gardenlaw.co.uk/phpBB2/viewt ... =9&t=20611

Collaborate
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Re: Decking

Post by Collaborate » Wed Mar 29, 2017 2:27 pm

The reference to "no part of the raised platform being above 30cm" can be misleading.

Ground level is defined as:

“Height” - references to height (for example, the heights of the eaves on a house
extension) is the height measured from ground level. (Note, ground level is the surface of
the ground immediately adjacent to the building in question, and would not include any
addition laid on top of the ground such as decking. Where ground level is not uniform (for
example if the ground is sloping), then the ground level is the highest part of the surface of
the ground next to the building.)

Taken from here: https://www.gov.uk/government/uploads/s ... idance.pdf

moaningminnie
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Re: Decking

Post by moaningminnie » Wed Mar 29, 2017 7:55 pm

Thank you for your help everyone. I am thinking if they do go ahead with this second set of decking at the bottom of our garden, then I may put in some freestanding (ish) trellis. The fence on the side I am concerned about belongs to them so I realise I can't attach anything. Are there height limitations for this kind of thing? I am sorry to ask so many questions but we were previously in military accommodation, this is our first family home & I was really looking forward to enjoying my garden.
Any suggestions would be greatly appreciated.
Tracey :D

MacadamB53
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Re: Decking

Post by MacadamB53 » Wed Mar 29, 2017 8:48 pm

Hi moaningminnie,

a line of freestanding trellis is considered a fence so you would need to apply for planning permission if the one you're wanting is to be >2m in height.

2m or less has already been granted planning permission by the latest GPDO (assuming your not living in a Listed Building).

to take advantage of another loophole, though, you could modify your plan to build some structure other than a fence so that it can be 2.5m or even 4m tall depending on its design and how far from the boundary you site it.

Kind regards, Mac

moaningminnie
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Re: Decking

Post by moaningminnie » Wed Mar 29, 2017 9:19 pm

MacadamB53 wrote:Hi moaningminnie,

a line of freestanding trellis is considered a fence so you would need to apply for planning permission if the one you're wanting is to be >2m in height.

2m or less has already been granted planning permission by the latest GPDO (assuming your not living in a Listed Building).

to take advantage of another loophole, though, you could modify your plan to build some structure other than a fence so that it can be 2.5m or even 4m tall depending on its design and how far from the boundary you site it.

Kind regards, Mac
Thank you so much for your ongoing advice Mac. I don't live in a listed building. The fence is already 6ft but the husband is that height and more. The gradient decreases from right to left, we are on their left; this is why I assume the decking will be raised 18". I really don't wish to antagonise my neighbours, I just want to protect our privacy in a way that can avoid confrontation. Can you suggest the type of structures that are permissible at the height of 2.5M +? (or lead me somewhere that will help be understand).

Thank you in advance,

Tracey

MacadamB53
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Re: Decking

Post by MacadamB53 » Wed Mar 29, 2017 9:45 pm

Hi Tracey,

an example of a structure which, not being a fence and being no more than 2.5m tall, would already have planning permission:

http://images.gardenchic.co.uk/images/p ... 052700.jpg

Kind regards, Mac

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thin and crispy
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Re: Decking

Post by thin and crispy » Thu Mar 30, 2017 2:00 am

Or a shed. This can be up to 2.5m tall even if closer than 2m to the boundary. A shed with apex roof can be up to 4m i believe, if further than 2 m from the boundary.

Why not construct one to your own design. Perhaps something several metres long by a metre deep parallel to the fence.

To be honest though, if the decking is over 30cm above the highest point of the natural ground surface, I'd be inclined to contact the local planning department to see if they can help. It's pretty inconsiderate if your neighbours heve built decking higher than Permitted Development allows - the planning regs are there to protect neighbours after all.
Prejudice, not being founded on reason, cannot be removed by argument. Samuel Johnson.

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