Permitted development woes with council -advice please

kelloggs36

Please bear with me as this may be long.
My hubby and I have had a garden summerhouse built, back in 2020, which we instructed the builder to build at a max height of 2.5m so that we did not need to apply for planning permission. Stupidly, we had a decking aswell which we stepped onto from the building.
The main point is that our garden slopes in 2 directions and so is not flat or level. W
Fast forward to Oct 2021 when we receive a letter from the council advising that a neighbour had complained and they wanted to come and look at the structure.  This is where it all goes wrong.
The woman came round and measured from the lowest point of the ground as she could not access the highest point where the opposite corner of the building was.  We then receive a letter saying the building is too high and to knock it down.  We disputed this and so she and a colleague attended again and measured again.  There was a discussion at this point, with my husband about where the highest point was and they agreed that the height was not an issue.  From there, they went on to discuss the decking.  
We then received a letter saying that the building did not comply with the regulations due to the decking and we had to remove it.
We have removed the decking.
Today, we received a letter saying that the building does not comply due to it being too high.  
Surely the fact that they wrote and stated the reason was the decking and did not mention the height again means that we have complied and it is ok?  Surely, if it was the height all along, they would have been writing to us about that and not chasing us re the decking?
I have of course queried this but I just would like some views as it makes no sense. 
It has taken 8 months from her second visit and letter asking  us to remove the decking for her to revert back to the initial point which we thought had been cleared up as all subsequent correspondence omits any reference to the height. 
Thanks!

Section62

Is this the same summerhouse/decking in your previous thread?

https://forums.moneysavingexpert.com/discussion/6318890/planning-permission-permitted-development/p1

I'd think your first response should be asking why - when they agreed the height was Ok at the previous site meeting - do they now think it is not Ok.

kelloggs36

I also found their pre-enforcement letter which states quite clearly that the only breach is the decking. It took so long asnwebhad to rely on builders' availability and had already taken it down in Feb, sent her pics which she ignored and then when we sent more pics proving it wasngone we got the email twlling us it wasntoo high.  I have sent all of this to her and will call.: 

Doozergirl

I'd be inclined to write back, slightly ignoring the latest letter. 

Tell them that as agreed, the raised decking (presumably more than 30cm?) has been removed.  

Also as agreed at x meeting on y date and as referred to in letter dated x (if applicable), the height of the building is less than 2.5m from the highest ground point adjacent to the building and meets permitted development and therefore remains.  

Bit late now, but have they not offered you the opportunity to apply for retrospective planning permission on the decking? 

kelloggs36

They told me not to bother applying fir retrospective permission as it was already built...don't ask!!!!  The decking was higher than 30cm and has now gone. All we have is a set of steps to a door for access and a very low decking of 20cm. She has ignored the pictures and not acknowledged that we have removed the decking. In fact her letter fails to mention the decking  at all despite us corresponding about it over the past 8 months!!
I have already done all that has been suggested so I know I am on the right track.

Doozergirl

You might need to make a formal complaint.   If that fails, you can go to the LGO here: https://www.lgo.org.uk/how-to-complain but a formal complaint seems the next likely step unless you fancy ignoring her. 

(Does she understand what the word retrospective means?) 

kelloggs36

I actually don't think she knows anything! All her emails are poorly written and contradictory. I will be making a complaint as this is extremely stressful. We have done everything to comply and then she just says take it down!

Doozergirl

Good luck!  

Section62

How did the builder deal with the sloping ground when they built the summerhouse?  Did they dig the ground out in the high spots to create a level base, or have they built the base up in the lower areas?

Are you sure you have full permitted development rights?

kelloggs36

Thw builder leveled off the ground at the rear, taking it down slightly as we were conscious of the rear neighbours, and built up from the front as the slope at the back is quite dramatic.  My issues are that
1. She measured from thr wrong side on her first visit which was not necessary. She should have arranged to return when she could access the correct (rear) point.
2. When she returned, she and her colleague agreed verbally it was not too high and then discussed the decking. If the height remained an issue then the conversation regarding the decking would have been un-necessary
3. She sent us a letter telling us that the reason it did not comply was due to the decking only and told us to remove it.
4. We have spent 8 months in correspondence regarding the decking as we have complied with this. It has taken time due to builders. We have sent pictures which she has not acknowledged 
5. We got a pre-enforcement letter regarding the decking which clearly states that the removal of which would mean it would then comply (see previous post)
6. We sent her pictures of this and then got a letter saying the main structure was over 2.5m when back in November it was established that it was not.
7. We have not received any info regarding what they say the height is
8. We have not been given any opportunities to rectify this apparently new issue
9. If it was the height then why have we wasted the last 8 months faffing around with the decking as the height would have superceded the decking issue!

Section62

kelloggs36 said:

Thw builder leveled off the ground at the rear, taking it down slightly as we were conscious of the rear neighbours, and built up from the front as the slope at the back is quite dramatic.  My issues are that

Try to be less focussed on those issues. Those are for later when/if you make a complaint.

There appears to be some kind of breakdown in communication, focus on trying to understand how that has happened and what needs to be done to sort the situation out.

The height of the summerhouse and the height of the 'raised platform' are two separate issues.  Both or either could be the subject of planning enforcement.

You say the new decking is "20cm".  Where is that measured from? Is it on top of the ground the builder had to build up, or is it measured from the natural ground level?

And are you sure you have full permitted development rights?