20 foot decking terrace - Planning?

springmagpie

My neighbour and I both have a sloped garden which are split into terraces. His garden is about 100 foot longer than mine. Where my garden stops and his continues he is building a new terrace, it starts on lowest level he currently uses and then goes out over the continuing lower levels. 
From the ground it is about 20 foot + high to the decking level and I am assuming there will need to be some sort of guard rail due to the large drop. 
The corner of my garden goes out under this new terrace, he has cut down the boundary hedge to do this, I believe this is his hedge but it leaves my garden insecure, and I cannot erect a new boundary due to the footings for the terrace (they are cemented in) 
Due to the way are gardens face this new terrace wraps round slightly meaning they can look directly into our garden (the terrace is higher than the 6ft garden wall) and also into our bedroom and dressing room. 
He hasn't applied for planning permission. 
Does this sort of thing need planning? I have sent an enquiry to the planning office. My fear is that this thing was erected yesterday and is likley to be completed over the weekend! 
If it make any difference my neighbour is a builder and hasn't always done things by the books! 

Devongardener

I would have thought a structure of that size would need planning approval,  particularly with regard to your privacy. Quick Google:

 Situations Requiring Planning Permission (England & Wales)

• Where the deck platform is more than 30cm above the ground
• Where together with other extensions, outbuildings etc, the outdoor decks or platforms cover more than 50% of the garden area

In addition other restrictions may apply:

• Where the deck is situated within 20 metres of a highway.
• If the structure would affect the amenity value or privacy of neighbouring properties.
• If the deck is attached to a listed building or situated in a conservation area or National Park.

springmagpie

Thanks for your reply. 
The decking isn't bigger than 50% of his garden. 
I am unsure of the 30cm rule due to the slope, half the decking is at ground level but the rest is 20 foot higher than the ground due to the slope, and it definitely affects the privacy of our home. 

I am hoping the planning office will get back to me and I assume if they agree he would need to apply for retrospective permission and I could object? 

I don't mind the decking in principle , just the bit that wraps round the bottom of our garden and impacts us. 

Strangely we have a really good relationship with them and was chatting to him yesterday before the decking appeared but he didn't mention in anyway what his plans were. 
I would approach him but he is very grumpy about things like this and isn't likely to listen to my concerns.

Devongardener

It’s a difficult situation for you if you are normally on good terms,  it does sound very intrusive particularly if they use the raised area for entertaining.  I hope the call with the planning office helps.

HHarry

If some of it is at ground level it’ll pass the 30cm rule.  You can report it to the council, who may be interested enough to see if it complies.

TELLIT01

If you are basically good terms could you ask him to screen the section overlooking your garden to retain your privacy?

springmagpie

TELLIT01 said:

If you are basically good terms could you ask him to screen the section overlooking your garden to retain your privacy?

We could do, although with the terrace being 6 ft above our garden wall this would require at least a 12 ft structure looming over our garden which seems a bit intrusive 

casper_gutman

When you say "The corner of my garden goes out under this new terrace" do you mean literally vertically under? If his terrace is intruding into airspace above your land then this is an issue separate from any planning questions.

mi-key

If you get on well with him, then have a chat about your worries. He may offer to put some fencing in to seal off your garden, and maybe some sort of screen or fencing on the deck. Remember just because it can overlook your garden doesn't mean he is going to spend his time out there watching you. Loads of people have their gardens or houses overlooked by others without any problems

springmagpie

casper_gutman said:

When you say "The corner of my garden goes out under this new terrace" do you mean literally vertically under? If his terrace is intruding into airspace above your land then this is an issue separate from any planning questions.

Yes the decking flies over the airspace in the corner of our garden. 


In relation to the garden being overlooked, whilst this isn't ideal I can live with it, but it's the fact they will be towering over us and the boundary wall.
My main concern is that while they are on the decking they will be able to look directly into our kitchen, dining/living room and two bedrooms. So removing any privacy we have had. When they built their balcony they weren't allowed extend past the back of our house as planning said they would be able to see into our home. 

casper_gutman

I would think carefully before deciding to tolerate the decking trespassing in your airspace. As I understand it, if you allow your neighbour to keep the structure there without objecting for an extended period then there is a possibility they may acquire the right to use your land, and possibly even ownership of the airspace or land through adverse possession (though this last has changed in your favour relatively recently I think).

There may be something straightforward you can do to stop them acquiring rights in this way, e.g. writing to say you object but will tolerate the decking remaining for a particular period, or charging them a nominal fee for use of your space. I'm not sure about this but others may know more. Failing that you could seek legal advice or search online for more about the law of adverse possession etc.