Decking on a slope - Regulations

[Daddydog99]

Hi all,

 

I know this topic has been somewhat covered about a year ago, but the previous topic did not quite fit my circumstances...

We bought our house 13 years ago with raised decking that goes right across the back of the house and extends out by about 3.5m.  I’m looking to replace it with a similar structure (due to timbers starting to perish) and mentioned it to one of my adjacent neighbours who commented “how did the deck get planning permission in the first place”.

 

Okay, now here’s the nub of my question:

 

Our house is built on a reasonably steep slope, the slope descending from front to back of the house.  The front of our house at ground floor level is below our front garden boundary and the back of our house at ground floor level is way above the back garden.  As with other houses on our road (including both neighbours either side), there are steps from the back door down to the garden some 1.3m below.  Consequently, the decking has been built starting at the same height above the ground across the back of our house and extends out by about 3.5m.  At the furthest point away from the house the decking is about 1.5m above ground.

 

I have done some reading on the regs and know generally decking should be no more than 30cm above ground at the highest point adjacent to the house to safeguard neighbours privacy etc.  Have also read this guidance, but not clear as my ground floor level is so far above the actual ground itself -  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/830643/190910_Tech_Guide_for_publishing.pdf  .  I would point out that because of the steep slope, you can already see into neighbours gardens to a great degree from existing downstairs windows and from the original back steps.

 

Any thoughts on where I stand legally in respect of planning permission in case things turn bad with the neighbour?

 

Thanks

 

 

 

 

[ProDave]

Right. STOP.  Don't remove a single plank of the old decking.

 

It's been there long enough for you to apply to the council for a Certificate of Lawful development which basically admits it was built without planning permission and has now gone past the date at which they can enforce it's removal.

 

WHEN you have that, you can commence REPAIRING not REPLACING the deck. Bit by bit.

 

There was someone on here or perhaps another forum who had a balcony above  garage that did not have PP but had been there long enough to get a certificate of lawful development, but he had not applied for one.  He removed the whole lot and then started to replace it.  The council enforced him to stop because he did not have the certificate of lawful development and by removing the whole lot would no longer qualify for one, and his "new" balcony needed PP.  the same could happen to you if you remove the whole lot thinking you can then replace it with similar new.

[Temp]

+1

 

 Check on the planning portal if the previous owner got planning permission?

 

Then try and get as much dated evidence as possible showing its been there more than 4 years. Perhaps you still have the estate agents sales photos?  Photos of young relatives that are now much older? Google Earth pictures? Letters from neighbours if they are willing? Anything and everything you can think of.

 

Once you have a decent folder apply for a certificate on the grounds that enforcement action can no longer be taken. 

[Daddydog99]

Thanks ProDave and Temp for your advice.  I can't find if there was any permission granted to any of the previous owners as the house was a repossession when we bought it and nothing shows on the Planning Portal that I can find.  Google Earth, although a bit unclear, does show a structure in place back in 2009 and also 2005 (even more grainy).  I do have photos from back in 2009 showing the decking, so I think I have enough proof that its been there for over 10 years.

 

I'm just a little cautious about seeking a Certificate of Lawful Development, might I be "poking the hornets nest" so to speak?

 

ProDave, you mention that it has gone past the date for enforced removal, do you have a bit more detail on this.  Thanks.

 

 

[Temp]

Time limits on enforcement..

https://www.gov.uk/guidance/ensuring-effective-enforcement#:~:text=within 4 years of substantial,essentially other changes of use).

 

What are the time limits for taking enforcement action?

In most cases, development becomes immune from enforcement if no action is taken:

• within 4 years of substantial completion for a breach of planning control consisting of operational development;
• within 4 years for an unauthorised change of use to a single dwellinghouse;
• within 10 years for any other breach of planning control (essentially other changes of use).

These time limits are set out in section 171B of the Town and Country Planning Act 1990.

[Temp]

Its important that the breech is essentially continuous for the last 4+ years.

 

For example if it was taken down for a few months in say 2019 and a new one erected then the time clock restarts then because the breech wasn't continuous. However if it is taken down and replaced/repaired over a few days the clock shouldn't restart but you are now relying on case law rather that the statutes. 

[Daddydog99]

Thanks again Temp for your advice and knowledge, really appreciated.