20 foot decking terrace - Planning?

casper_gutman

The fact that part of the decking seems to be trespassing above your land could work in your favour if you play your cards right.

You could insist on them modifying the decking to remove the trespassing part - and they may be in a better position to insist their builder carries out remedial work.

Or maybe (after confirming this won't cause issues as mentioned in my previous post) you could allow the trespassing part to remain subject to them making some other specified changes to deal with your privacy concerns?

springmagpie

Update - Our neighbour has now erected an upright post for the decking well within our garden about 3-4 foot . We have checked both title plans are 99% certain of where the boundary is. 
We have posted a letter through their door asking to discuss and saying we want to remain amicable but it needs to be resolved ASAP. 
I have also contacted a land surveyor to come out and check the boundary so we can be certain we are right. Although this won't be for 2 weeks due to lack of availability. 
Now waiting to see what the response to the letter is, it's making me so anxious, have barely slept or eaten since this started. 

ThisIsWeird

SM, do you have Leg Prot on your house insurance? If so, call them up for guidance right away.

Your neighbour might be 'grumpy' if approached, but that's an unreasonable attitude for them to have, and they are effectively using it to intimidating you into not challenging them.

Yes, it's stressful, but that will change when you decide to act, in a calm and reasonable manner, as you are entitled to.

YOU are not in the wrong. Your neighbour might be, but I think we can agree that they are being very inconsiderate at the very least.

You may fear escalating the situation, but just sit and think for a second what the alternative is - it's to let them take advantage of you, and for you to lose privacy, and potentially part of your garden.

The '30cm decking height' rule seems completely & ludicrously inadequate in this case. But if the 'decking' is ok according to that rule, then perhaps other aspects of it are not. There are limits to how tall structures can be built, especially if they are close to the boundary. This certainly applies to outbuildings (2.5m max if close to the boundary, I understand), but not sure how that would apply to flat decking. But you also have a certain right to 'privacy', especially if that is something that is being changed by a neighbour's actions. Your LA is the place to contact. 

So, LegProt, and a visit to your council office. Take a photo with you...

springmagpie

Thanks @ThisIsWeird
We do have legal protection with our home insurance and they have said we are covered up to £25K for boundary disputes. 

Our neighbour has now replied saying the part of the decking in our garden is temporary and was for him "to make is structural first" and it will shortly be cut away. I don't believe this for a second and have no idea why he wouldn't have checked it was ok to do that before he did it. 

Not sure what is happening about planning, the local council planning enforcement team are "investigating" so will leave that bit in their hands for now. The structure is huge, about 30+ square meters and a large proportion of it is 20ft off the ground. The neighbours at the bottom of the garden cant be happy as it's directly in line with their bedroom windows! 

YoungBlueEyes

If it were me I'd really want to carefully take up the post, knock on neighbour's door and say "you left this in my garden", hand it back to him and walk away. All being filmed by a friend if poss. Not aggressive, no attitude, calm and polite.

I don't know if it would be wise to do that though, I suspect going through the proper channels is the right answer.

Section62

ThisIsWeird said:

So, LegProt, and a visit to your council office. Take a photo with you...

Unlikely to be much point in that these days.  Much better to contact them via their web contact form or email.

Since Covid planning officers are difficult to see face-to-face, as well as possibly working from home rather than being office based.

GDB2222

YoungBlueEyes said:

If it were me I'd really want to carefully take up the post, knock on neighbour's door and say "you left this in my garden", hand it back to him and walk away. All being filmed by a friend if poss. Not aggressive, no attitude, calm and polite.

I don't know if it would be wise to do that though, I suspect going through the proper channels is the right answer.

There's no harm leaving it there until the surveyor has been.

ChasingtheWelshdream

Section62 said:

ThisIsWeird said:

So, LegProt, and a visit to your council office. Take a photo with you

Unlikely to be much point in that these days.  Much better to contact them via their web contact form or email.

Since Covid planning officers are difficult to see face-to-face, as well as possibly working from home rather than being office based.

Yup, this. Our whole local authority now works from home unless there is a true business need eg face to face services. (I am an employee)  For Planning you would need to email and/or make an appointment, not just turn up hoping to speak to someone.

theonlywayisup

springmagpie said:

Update - Our neighbour has now erected an upright post for the decking well within our garden about 3-4 foot . We have checked both title plans are 99% certain of where the boundary is. 
We have posted a letter through their door asking to discuss and saying we want to remain amicable but it needs to be resolved ASAP. 
I have also contacted a land surveyor to come out and check the boundary so we can be certain we are right. Although this won't be for 2 weeks due to lack of availability. 
Now waiting to see what the response to the letter is, it's making me so anxious, have barely slept or eaten since this started. 

How did he gain access to your garden - presumably he needed access to erect the post?

springmagpie

Our gardens are long and sloped, he dug up a shrub on his side to gain access, we can't see this small area due to a shed.