Decking platform

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4560sheila
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Decking platform

Post by 4560sheila » Mon Jun 01, 2020 10:58 am

Hi, i have a back slopping garden whereby my neighbour has had a decking platform over 1 metre since 2004 (when I moved in). It has always been overlooking my garden and if they stand up they are able to look into my kitchen window.
Back in March they replaced 95% of the decking, only part not replace was the piers but new wood and concrete has been set to support them. They also put a new privacy fence and trellis that is 12ft high in the boundary line. I as not aware of the rules of decking as I understand that these came in place in 2008 which is after I moved in. I contacted the planning dept about the height of the privacy fence as it is an eyesore on my side and they only had a trellis before. I also mentioned that the decking is high and overlooking my garden. The planning dept has said that although they have replace the boards, railings, etc this is classified as repair and maintenance and is permitted. I need to understand if this is true?
I do not understand how this can be classified as repair and maintenance when they completed gutted the old one.
The neighbour has been asked to reduce the privacy fence to 2 metres but this has not happened yet.
My neighbour has said they want privacy went sat on the decking and my question to the planning dept is what about mine, which they say they cannot do anything about.
Is anyone able to assist me so thatbi can go back to them.
Thank you

Clifford Pope
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Re: Decking platform

Post by Clifford Pope » Wed Jun 03, 2020 3:16 pm

Have I got this right:
"Back sloping garden" means it slopes upwards, away from your house, and the neighbour's decking raises their garden to one metre above the ground level at the boundary? So does that mean that standing on the part of the decking nearest to you, they have the additional height of both the decking and the sloping ground, from which they can look into your property?
You bought the house with this decking in place, so you knew about the privacy issue then?
They now want to build a 12 foot fence, to protect their privacy. Won't this also screen your property from theirs?

I'm mystified as to why you bought the house in the first place, and also why you now object to something that would appear to mitigate this situation.
Or have I missed something?

4560sheila
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Re: Decking platform

Post by 4560sheila » Wed Jun 03, 2020 4:03 pm

Hi, the sloping garden is downwards, and the back door has steps going down to the garden.
When we brought the house they was just a trellis and a large ivy thing over the fence. Also when buying a property we did not see neighbours sat on the decking.
Since then we have had no privacy when they have been on the decking, it is 70cm high at the house side and goes out to 100cm high at the end.
It is about 6ft long and they have put a
12ft fence/trellis/posts on the boundary line which is an eyesore when sat in my garden.
I have looked on planning websites and I can see that if decking is already in place, over 30cm high and you are replacing then you would need planning permission.
I have contacted the local planning dept and been told that they have only made repairs and maintenance therefore it will not need planning permission. My query is if 95% of the decking platform is brand new and they have made slight changes is this not consider as a replacement and therefore require planning permission? I have however been told by planning dept that the privacy fence should only be 2 metres high in all places so they p have asked them to remove that which they have not done. As you have mentioned that will not solve the privacy in my garden at all.
If anyone can help in my next move it would be much appreciated.

ukmicky
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Re: Decking platform

Post by ukmicky » Wed Jun 03, 2020 8:31 pm

I do not understand how this can be classified as repair and maintenance when they completed gutted the old one
its not .
Any information provided is not legal advice and you are advised to gain a professional opinion

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