Raised decking, do I need planning permission?

Simon123456789

Good morning,  I was wondering if somebody could help me with this query.  A month or 2 ago my neighbours removed a hedge and built the fence as seen in the picture, they left my side looking bad and to me structurally unsound. Anyway, to hide the mess and to try and bring my garden out of darkness I recently had some decking erected (see picture) As you can see from one of the pictures my neighbour is elevated.  A friend told me today that raised decking cannot be more than 30cm off the ground, if so, mine is indeed in breach. There is mention on various sites of highest point of land, and forward of a principle wall...  I really do not understand. The highest point of this decking is 66cm. Before hand rails and finishing touches etc... do i need to drop the decking?    I have a load of sleepers to continue 2 high all the way around etc...  
The decking comes off the black wall and is level with the next step up to the summerhouse. The garden slopes down to my house.

Please see images and any help is really appreciated. I do not get on with my neighbours and they WILL report it. I just want to understand if I am in breach? 

Thank you

neilmcl

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

Simon123456789

Thanks Neil, I have seen this:

• The decking is no more than 30cm above the ground
• Together with other extensions, outbuildings etc, the decking or platforms cover no more than 50 per cent of the garden area.
• None of the decking or platform is on land forward of a wall forming the principal elevation.

Do you know what on land forward of a wall forming the principal elevation means? 

neilmcl

Simon123456789 said:

Thanks Neil, I have seen this:

• The decking is no more than 30cm above the ground
• Together with other extensions, outbuildings etc, the decking or platforms cover no more than 50 per cent of the garden area.
• None of the decking or platform is on land forward of a wall forming the principal elevation.

Do you know what on land forward of a wall forming the principal elevation means? 

It means the front of your house, ie you can't build a decking at the front of your house.

Simon123456789

Ok great, so far I am just in breach of the 30cm rule...  I will drop it to be safe.

ic

What is to the left side of the picture?  As long as your decking isn't raising you to now be over looking the next neighbour's garden, or giving you a view into the back of their house you didn't previously have, I can't see you getting in to hot water.  Granted the rules might say 30 cm, but truthfully, how will "they" ever know?

Rosa_Damascena

ic said:

What is to the left side of the picture?  As long as your decking isn't raising you to now be over looking the next neighbour's garden, or giving you a view into the back of their house you didn't previously have, I can't see you getting in to hot water.  Granted the rules might say 30 cm, but truthfully, how will "they" ever know?

Ain't broke, don't fix it.

Seriously, the fence looks high - well above eye level - and private enough.

Doozergirl

As Rosa says.   I wouldn't drop it.  You'd probably be granted permission if you applied for it as it's not intrusive.   

The fence is high enough to protect anyone's privacy at the side, which is what they'd be concerned about.  

I doubt planning enforcement would be up for the fight.  If they were, they'd only ask you to apply for retrospective permission. 

I'd leave it.   

Jeepers_Creepers

Simon, what height is this new fence? (I guess it'll be based on the neighb's land level, although wasn't there a recent thread about this possibly being measured from the lower side?)

It looks quite high (which I'm sure you are actually pleased about   ), but if it's more than - what - 1.8m or 2m? - then they may have breached planning rules 'too'.

Go ahead with your decking as it is, and if the neighb says anything about reporting it, there are two points you can make "You are entitled to report, but if/when the PP fellow comes out, It'll be very obvious the decking height poses no privacy issue to you at all, and I'll make it very clear it's a vexatious complaint, and also I'll point out the height of your new fence..."

Practice being utterly calm, with an air of bemusement - a 'yeah, whatever' manner.

And have a means of recording handy for any such conversations.

shinytop

Nothing to add other than that I'm not usually a fan of decking but that looks nice and makes good use of your garden.  Definitely leave it. 

ic

My other thought after posting the above was you've already built it, and now suggesting to lower it.  However if you just left it and enjoyed it, if planning did make a fuss - then you could drop it in height, or apply for retrospective permission - I don't believe retrospective planning costs any more than applying beforehand.