help with planning permission

Milsey-Girl

Carole.uk - do you have any other 'development' i.e. sheds, conservatory, etc in your garden? Have you made any other alterations to your property? This will all be taken into account along with whether the decking is raised to provide 'volume' underneath.

In ordinary circumstances, fencing in rear gardens up to 2m (6ft 6) does not require planning permission (unless there were specific planning conditions on the property when it was built) so I would guess that your 6ft fence does not need planning permission if it is in the rear garden. The gates you mention - are they at the rear or the front? Are they adjacent to a highway? Fencing/gates adjacent to a highway up to 1m (3ft 3) does not require planning permission but you do need to check with your Local Planning Authority before carrying out any work.

Good luck!

ormus

i think someone is winding you up. ive never heard of PP being required for decking.

planning_officer

Yes planning permission can be required for decking, if it's raised from the ground. I've dealt with quite a few cases in my time in planning enforcement. It's classed as an extension to the property (if it's attached to the dwelling). Therefore, it depends on whether your house has previously been extended. In order to provide more specific advice, is it a detached, semi, terrace or flat? Also, has the property been extended at all since it was built? And will the decking be raised?

With regard to the fence and gates, this Councillor hasn't got a clue!! Milsey Girl's advice above is spot on. If they are not adjacent to a highway (and that includes the pavement and verge), they can be a maximum of 2m in height and benefit from 'permitted development' rights. If they are adjacent to any highway (perhaps the gates are?) then they can be a maximum of 1m in height. Any higher, they will require planning permission.

The info from your council website is assuming that decking is a stand-alone structure in the garden, in which case some of it would be correct, but it's a confusing mish-mash of quotes from various different types of permitted development. Most decking is attached to the house, or at least up against the house, therefore classed as an extension. If it is completely stand-alone and not against the house, then different criteria can apply. Sorry to make it more confusing, but if you let us know where the decking is, then we can advise more accurately!

Also, do you live in a conservation area, national park or AONB? (as that also makes a difference!)

carole.uk

thanks all, i think the councillor has made it worse for me and when i think about it she did use the scare tactic.. she told me "you don't want that planning lot involved" she said a neighbour had complained and that i needed to lower the gate so they could get access in an emergency fair enough i agree & did this.. but this neighbour lives four houses away.. i was suprised because i had spoke to all my neighbours and not one said they have a problem. I was then going to ring planning for advice but she put me off....the house is a end terrace block of five no other garden or building work is taking place just the fence and gates, the decking was going to be attached to the house with joints, but not raised it will be on the ground and 10ft long by 8ft wide

carole.uk

the reason for the fence and gates was because, I have 3 small children every weekend and wanted somewhere safe for them to play out, also recently I had left my back door open and when i came in their was a known drug user stood in the kitchen,, he said he had got the wrong house but did i want to by some meat!! it did really scare me at the time..

Milsey-Girl

Your Councillor's behaviour is very questionable - the planning department at your Local Authority could have easily advised you without the need for this worry and confusion you are now faced with.

From the information you have provided, it sounds very likely that your decking will not require planning permission. However, the best advice I can give is to not start any work until you have spoken to the planning department on Monday morning.

Let us know how you get on.

carole.uk

thanks for this i feel a bit better today they have started the decking because i would have to pay them anyway but they are now not attaching it to the house just onto the flat garden bit. I have had 2 other direct neighbours round today who are pleased with the work because it also makes their back gardens a little more secure. apparently the neighbour who did complain is a friend of the councillor!! their husbands play cricket together. what a carry on i didn't sleep much last night with worry thinking we might have to pull everything up..

planning_officer

Yep, ignore that councillor - she really doesn't know anything about planning legislation by the sound of it. Emergency access etc is completely irrelevant in planning terms - the only factors are the 1m and 2m height limits referred to above.

As you live in a terraced property, you can extend up to 50 cubic metres in volume under permtted development rights - that includes all previous extensions and any outbuildings (sheds etc) within 5m of the house. If the decking is not raised (although I imagine it would be very slightly raised - even if just a few cm - therefore have a measurable volume, it sounds very small) and as long as it's not closer to any highway that borders the edge of your property than your house is, it sounds like you don't need planning permission.

carole.uk

a big **thank you** everyone I do feel so much better about it,, I think the councillor was giving me the scare tactic on her friends behalf especially telling me not to get planning involved ( bit naughty me thinks) about 15 to 20 houses in the area have done the same with the fencing and gates or blocked compleatly would they have to tell them all to take them down? planning -officer i am confused re "Emergency access etc is completely irrelevant in planning terms - the only factors are the 1m and 2m height limits referred to above" can you explain more thanks again

planning_officer

The councillor can't say that you "need to lower the (height of the) gate so they [your neighbours] could get access in an emergency". The only restrictions for heights for a means of enclosure under planning legislation are the 1m and 2m restrictions (depending on whether it's next to a highway). Whether someone needs access in an emergency is irrelevant for planning purposes. As long as it doesn't contravene the 1m/2m height limits, you can do what you want!