20 foot decking terrace - Planning?

ThisIsWeird

Really hard to know if it breaches planning regs - I hope it does for your sake 'cos it's horrible.

However, it could be argued that it isn't actually any higher than what a level garden would be?

Devongardener

that's shocking! It must surely need planning permission. I hope the planning department pay a visit soon.

theoretica

It also looks like it ought to need building control. Maybe as a builder he has built it properly, but maybe not.

Ksw3

That is a monstrosity. How long before one of the fence panels blows off? Presumably he won't be maintaining both sides?

I guess his argument would be hes extended an existing structure , is that right?

casper_gutman

AIUI the reasoning for the decking not needing planning permission is that it isn't raised above ground level. Of course, most of it is, but that's because the ground slopes. It's level with the ground at one end, and apparently that's what counts for planning purposes. The height is measured at the point on the deck where the ground is highest, i.e. where the measurement will be least.

Funnily enough, I don't think the same applies to fence heights. Fences can only be 2m high, and are measured from the local natural ground level on whichever side of the fence gives the higher measurement.

Although I'm no expert, it seems possible to me that the deck is fine but the fence needs planning permission. This leaves a dilemma for the OP though: would it be worse to have the privacy issue of being overlooked from the unfenced deck or the eyesore fence?

Section62

AIUI the reasoning for the decking not needing planning permission is that it isn't raised above ground level.

Decking does need planning consent. However, if the decking meets all the requirements of the permitted development rules then it is deemed to have consent and an application for consent isn't required.

This is an important distinction, because it means the development has to comply with the spirit of the rules as well as the letter.

The question is whether the neighbour's structure is 'decking' as intended by the permitted development rules, or is it a raised platform which just happens to be constructed from decking-like materials? I think it likely most planning officers would view this whole arrangement as a structure including a raised platform, rather than as 'decking' envisaged by the PD rules.

I have little doubt this is something which needed planning consent, and probably would have been refused if applied for.

It would be interesting to see how it looks from the houses further down the slope.

FreeBear

Even if this decking does fall within Permitted Development rules (and I'm not sure it does), Building Regulations also applies. When a structure is above a certain height, adequate provisions for railings are required, and you also need to demonstrate that the structure is strong enough - Has a structural engineer been consulted and suitable drawings been provided ?

Devongardener

@springmagpie. I was wondering whether you managed to resolve the issue of your neighbour’s decking installation, did you consult your councils planning department?