neighbours huge decking

annie206

Hi there, Im after a bit of advice. We purchased our house 18 months ago. At that time the neighbours had a swimming pool in their back garden. It was an above ground one, set into a large decked area and had a 6ft fence on the edge of the decking, about 2ft from the boundary and our low (4ft) garden wall. We had no problem with the height of it as it gave them and us privacy. The pool decked area stood as high as our wall, about 4ft from ground level, so with the fence it was about 10ft high. The whole decked/pool area takes up about 60-70% of their back garden
Over the last 8 weeks or so, our neighbour has decided to deck over the pool and remove the fence. Our houses are upside down so our bedrooms are downstairs, and the gardens slope away steeply from the back of the houses. There is now  an enormous decked area the same height as our wall so when anyone stands on it they have a full view into all of our bedrooms. Im not bothered about losing privacy in the garden, well I am, but losing it in our bedrooms is more important. Our neighbour is a bit of a bully and so is her daughter, and they often stand on the edge of the decking and stare into our garden - I do have photos of them doing this. It's an attempt at intimidation, but they just get ignored or their photo taken.
Any way, I was going to apply to the planning department to see if we could have a higher than 2m fence erected, as 2m would only be knee high to anyone standing on the decking, plus our neighbour has filled her decking with dozens of garden lights, which are on 24 hours of the day and night, so I was hoping to block some of this out. Do any of you think we have a case to put in a high fence? Also, planning permission was never applied for for the pool, but it's not a pool anymore, it's now a decked area taking up over 50% of the garden and its 4ft high, which I think planning is required for such a big structure? I would'nt object at all if another 6ft fence was put up on the decking, as it was before, but the neighbour has said they want the view across our garden. Any advice would be greatly appreciated xxx

diggingdude

any cameras?  If not petrol and a match

sheramber

https://www.planningportal.co.uk/info/200130/common_projects/11/decking

ChloeManoey

Neighbour sounds like a right menace to me. Put in the application for sure and fingers crossed! 

trex227

So they didn’t apply for planning for the decking? It’s required if the decking is over 30cm or covers more than 50% of the garden.
https://www.planningportal.co.uk/info/200130/common_projects/11/decking

My mother in laws neighbours built an enormous deck that was about 3 feet off the ground. When they were on it they were looking into her garden. It was also a total bodge job. She reported it to the council and they were made to remove it.

annie206

trex227 said:

So they didn’t apply for planning for the decking? It’s required if the decking is over 30cm or covers more than 50% of the garden

My mother in laws neighbours built an enormous deck that was about 3 feet off the ground. When they were on it they were looking into her garden. It was also a total bodge job. She reported it to the council and they were made to remove it.

Hi Trex, no, no planning for the pool, but that was about 10 years ago, but now it's not a pool, it's changed to decking so Im hoping any change of use will require planning (fingers crossed) and yes, this is also a bodge, goes well with her bodged fence xx

annie206

ChloeManoey said:

Neighbour sounds like a right menace to me. Put in the application for sure and fingers crossed

She really is a menace of the highest order

AdrianC

annie206 said:

Hi Trex, no, no planning for the pool, but that was about 10 years ago, but now it's not a pool, it's changed to decking so Im hoping any change of use will require planning (fingers crossed)

So the pool was established long before you moved in - and all that's happened is that they've decked the area instead? Is there actually a difference in the finished height? Obvs, they're effectively "walking on water" now, but is it more than that?

This isn't a "change of use" in the planning sense. It's still ancillary to the residential property.

trex227

If they’ve extended it I would imagine they should have obtained planning permission. On Monday call your local council, ask to speak to the planning department and ask them what you need to do to report decking you believe does not have PP.
As I recall my MIL just had to send her council an email. They took action against the neighbour pretty quickly. Luckily the neighbour didn’t drag things out so the decking was removed pretty quickly.

annie206

AdrianC said:

annie206 said:

Hi Trex, no, no planning for the pool, but that was about 10 years ago, but now it's not a pool, it's changed to decking so Im hoping any change of use will require planning (fingers crossed)

So the pool was established long before you moved in - and all that's happened is that they've decked the area instead? Is there actually a difference in the finished height? Obvs, they're effectively "walking on water" now, but is it more than that?

This isn't a "change of use" in the planning sense. It's still ancillary to the residential property.

Hi Adrian, yes, it was a pool long before we moved in, but there was 4 panels of 6 ft fence on the decking, totally screening her pool and giving us privacy. We had no issue with the height of the fence even though it stood at about 10ft high. There is now no fence, giving her a complete view of our total garden, our patio outside our bedroom window and every single bedroom. If she would reinstate the fence I'd have no problem with the height of it, far from it, id even pay for it, but she has told us she wants the view across our garden. 

sammyjammy

AdrianC said:

annie206 said:

Hi Trex, no, no planning for the pool, but that was about 10 years ago, but now it's not a pool, it's changed to decking so Im hoping any change of use will require planning (fingers crossed)

So the pool was established long before you moved in - and all that's happened is that they've decked the area instead? Is there actually a difference in the finished height? Obvs, they're effectively "walking on water" now, but is it more than that?

This isn't a "change of use" in the planning sense. It's still ancillary to the residential property.

My understanding from the OP is when it was a pool it was surrounded by a fence for their privacy, now they have decked over the pool to the height of the top of what the pool was they have removed the fence.