Raised Decking (Planning Permission)

sarahb

We have a large raised deck in our garden - it's approx 6ft tall at one end but only about 8" at the other end due to the slope of the garden. The decking was in place when we bought the house in 2009 and had been completed before it went on the market in late 2007.

Am I right in thinking that planning permission was not required as the decking was completed before Permitted Development Rights were introduced in October 2008 ?

Thanks in advance

planning_officer

No. Permitted development rights weren't introduced in 2008. They were altered in 2008, but still existed before that (the legislation dates from 1995).

Previously, the decking would probably have been assessed as having a volume and would either have been assessed, in planning terms, as an extension to the house (bizarre I know, but that's how these things were assessed), or alternatively as an outbuilding. So, given it's size, it could well have required express permission when it was built.

However, that's all irrelevant now, as once it has been in situ for 4 years, it becomes immune from enforcement action. The worst that could happen is that you would be asked to apply for a Lawful Development Certificate, where the onus would be on you to show it had been there for 4 years.

sarahb

Thank you - that's really helpful as a dispute has recently arisen with our nieghbour whose garden is overlooked.

We wanted to put some screening at the side of the decking to give us both privacy but he says that would block his view and he will get an injunction to stop us. My understanding is that as long as the screening does not rise more than 2m above the level of the ground In our garden (measuring from underneath the decking) there is nothing he can do.

Is this correct, and is there any legitimate way to put something say 30cm taller without requiring planning permission ? The decking goes within a few inches of the boundary but does not sit on it.

planning_officer

Sorry for (very) late response. Yes - 2m is the maximum height for any fence (unless it's adjacent to a highway, which clearly this isn't!). If you want something 2.3m high (even including trellis) then you'll need to apply for planning permission.