Raised decking

AndyTSoli

Our next door neighbour has recently (18 months ago) built a single storey extension at the rear of their property which in order to do so meant removal of our fence panels, so the side of their extension has effectively replaced the three fence panel that were removed to make way for it. We now have a 12ft high extension instead of fence. The extension was done according to planning and with our permission to access our land. Some eighteen months on they have informed us that are now building raised decking to raise the outside floor level by 18-24 inches to the same level as their bi-fold doors to create a flow from inside to outside. The downside for me is that the extension already blocks out our morning sunlight, which we cannot change now, but raising the floor level will mean that I will lose my privacy too as the fence will now be too low to meet privacy needs. I do not want to have a higher fence as I will lose even more of my natural light. Two years ago prior to them occupying the property I replaced all of the fence panels with expensive modern panels and have a very nice consistent look along the length of the garden, which if replaced will mean that i am left with a mismatch on my fence panels. I do not want to be awkward or fall out with the neighbour, hence we had allowed access to our property for their extension and had to clean up as their builders did little more than giving it a quick sweep. Does anyone know what rights we have to object and can we legally object to raised decking being so high, we stand to lose our existing garden outlook, our sunlight and our privacy so that the neighbour can get the look that they want without any apparent thought or consideration for others.

AdrianC

If it's 450-600mm above ground level, they need planning permission.
https://www.planningportal.co.uk/info/200130/common_projects/11/decking

You will have the opportunity to raise your objections against that application.

EachPenny

They might need planning consent for the decking - it will depend on the precise circumstances, but as they have already extended the house and if the decking will be more than 300mm above the ground then they may not be able to use PD rights.

As part of the planning process you'd be able to object and raise the issues which you are concerned about.

However, if it is possible to negotiate with them then it might be better to start with the 'tea and cake' approach - however that won't affect any need for them to apply for planning permission.

lwhiteman88

AndyTSoli wrote: »

Our next door neighbour has recently (18 months ago) built a single storey extension at the rear of their property which in order to do so meant removal of our fence panels, so the side of their extension has effectively replaced the three fence panel that were removed to make way for it. We now have a 12ft high extension instead of fence. The extension was done according to planning and with our permission to access our land. Some eighteen months on they have informed us that are now building raised decking to raise the outside floor level by 18-24 inches to the same level as their bi-fold doors to create a flow from inside to outside. The downside for me is that the extension already blocks out our morning sunlight, which we cannot change now, but raising the floor level will mean that I will lose my privacy too as the fence will now be too low to meet privacy needs. I do not want to have a higher fence as I will lose even more of my natural light. Two years ago prior to them occupying the property I replaced all of the fence panels with expensive modern panels and have a very nice consistent look along the length of the garden, which if replaced will mean that i am left with a mismatch on my fence panels. I do not want to be awkward or fall out with the neighbour, hence we had allowed access to our property for their extension and had to clean up as their builders did little more than giving it a quick sweep. Does anyone know what rights we have to object and can we legally object to raised decking being so high, we stand to lose our existing garden outlook, our sunlight and our privacy so that the neighbour can get the look that they want without any apparent thought or consideration for others.

If the decking is more than 30cm (12inches in old money ) above ground level they do in fact require planning permission.

However to be honest they would not likely get a refusal due to the points you have raised. If you did raise objections to the overlooking issue they could propose a higher fence and then there could be a slim chance that the case officer could look at the effect from the overshadowing. However, raising the fence by 30-45cm would not be a substantial harm to your amenity so it would be a slim chance that the planning officer would see this as a reason to refuse the application.

If you felt very strongly about this you could get a daylight and sunlight consultant to study the effects which would give you some ammunition but apart from that I can't see how you could stop them.

G_M

Of course they may not realise (or care?) that they need planning permission, and may simply go ahead and install.

You'd then have to decide whether to bring it to the planner's attention.

Tea and cake is always best when dealing with neighbours, where it is possible, though I can't actually see any compromise position on this that you could propose.

Cakeguts

There is some really nice trellis panels that you can get to go onto your fence to raise the height. You might even want to grow some nice plants up it.

Pigmyhippo

Could you explain to them your concerns, and ask them if they would consider building step down from their bifold doors, and then they would not need to raise the decking as high, thereby retaining privacy for both parties?

Davesnave

I'm aware of the 300mm rule with regard to decking, but would raising the height of the garden be considered in the same way?

That's what I'm doing in the same situation, although in my case there's no one who'd complain.

AdrianC

Davesnave wrote: »

I'm aware of the 300mm rule with regard to decking, but would raising the height of the garden be considered in the same way?

That's what I'm doing in the same situation, although in my case there's no one who'd complain.

Apart from whoever's pushing the wheelbarrow...

Let's say you decide to take that 600mm up with 300mm earth, and 300mm permitted-development decking... Each m2 of earth, 300mm deep, is about half a ton.

Davesnave

AdrianC wrote: »

Apart from whoever's pushing the wheelbarrow...

Let's say you decide to take that 600mm up with 300mm earth, and 300mm permitted-development decking... Each m2 of earth, 300mm deep, is about half a ton.

Wheelbarrow?

Out here in the sticks, we have friends with diggers.....and all the soil/ rubble we could want.

getmore4less

makes you wonder why they did not raise the garden using the excavations from the extension.

they would have avoided the planning issue completely and saved on disposal of some of the spoil.