"Raised platform" in sloped garden

[Gerhardt]

I am looking at putting in some decking for an outdoor kitchen area. The garden slopes quite a bit and the drop is roughly 500mm. One of the criteria to qualify under permitted development is that it is not raised more than 300mm from the ground but where does this measurement gets taken from? Do you measure from the left or right on the diagram below(green line indicates slope)?

[ProDave]

When measuring a building, e.g. a shed, they count the eaves height as the height at the lowest point.

 

Personally I would just do it, you don't want to have to put a step to keep it under 300mm do you?

[saveasteading]

Agreed.  It is more like surfacing than a building, and is effectively a temporary structure.

[Mr Punter]

Measure from the right to the ground.  So if your structure is 250mm, will this be 750 above ground level?  It would be fine if there are no neighbouring gardens that could be overlooked.  I would not want people looking down into my garden from an elevated position.

[Gerhardt]

No neighboring gardens, it is 1.8acres and fully screened but from what you say it sounds like to be compliant best would be to try and level out, might be tricky though as i got a number of large pines on the higher end and the intension was to wrap the deck around the pines... 

I guess if the height above current ground level exceeds 300mm I can always fill up the side and create  a new the slope away from the actual deck?

[Radian]

If you're that worried about compliance, why not just build up the ground into a steep slope at the end of the deck? You can't be blamed if the ground suddenly rose to a plateau that you subsequently decked! 

[joe90]

Raised beds around the ends? But as you say no one is going to see it anyway.

[DevilDamo]

On 12/01/2022 at 16:55, ProDave said:

they count the eaves height as the height at the lowest point.

It’s the “highest” point.

[ProDave]

10 minutes ago, DevilDamo said:

It’s the “highest” point.

Plenty of cases where a neighbour has complained about a shed or something built on sloping land and complained the eaves height is too high, and the ruling has come back eaves height is measured at lowest point and no action is being taken.

[DevilDamo]

Well of course it’ll be higher when measured at the lowest point. Don’t you mean the rulings have come back stating it’s from the highest point, hence no further action being taken? The PD guidance is very clear in this respect.

[ProDave]

We are just getting confused with symantics.

 

When I say eaves height at the lowest point, I mean the point of the building that gives the lowest eaves height measurement.  That of course is at the bit of ground that is the highest, as in highest above sea level.

 

Sorry if I confused.

[DevilDamo]

Oh right. You’re referring to the actual eaves as opposed to the ground. But even that, the eaves is not always the lowest part of the roof element in PD terms.

[saveasteading]

24 minutes ago, ProDave said:

That of course is at the bit of ground that is the highest, as in highest above sea level.

And if they were to choose to measure form where the ground is lower, then a bit of landscaping could resolve it.

 

I have had such complaints/queries and it went away quickly, as it must have been a neighbour complaining but without any knowledge/figures/ clue...just higher than they liked.

Planner keen to sign it off.

 

[Temp]

12 year old thread but...

https://khub.net/web/planningadvisoryservicepas/forum/-/message_boards/message/6222126

 

This has now been tested on appeal.

See https://www.merton.gov.uk/assets/Documents/22%20St%20Georges%20Rd%20Appeal%20Decision%20May%2019%20Decking%20a%20d%20Fence%20and%20Extension.pdf

The inspector states:

"No part of the decking exceeds 0.3 metres in height when measured from the highest part of the surface of the ground adjacent to it, this being the point at which to measure the height of the decking in line with Article 2 (2) above. Therefore, the decking does not amount to a raised platform as described in Part 1, paragraph I and it does not fall foul of the limitation at paragraph E.1(h) of Class E. Neither does the decking exceed any of the other limitations in Class E paragraphs E.1 to E.3. As a result, I find that the decking is permitted by the GPDO Schedule 2, Part 1, Class E. Moreover, as the decking is not a raised platform Part 1 Classes A and B are not relevant."

 

so unless more recent appeals have gone the other way you measure it here..

 

 

[Temp]

The technical guide here..

https://www.gov.uk/government/publications/permitted-development-rights-for-householders-technical-guidance

says height is defined as follows..

 

“Height” - references to height (for example, the heights of the eaves on a house extension) is the height measured from ground level. (Note, ground level is the surface of the ground immediately adjacent to the building in question, and would not include any addition laid on top of the ground such as decking.

Where ground level is not uniform (for example if the ground is sloping), then the ground level is the highest part of the surface of the ground next to the building.)

and Building is defined as..

“Building” - includes any part of a building and

includes any structure or erection, but does not include mechanical plant or machinery or gates, fences, walls, or other means of enclosure.

 

So it seems clear its measured from the highest ground immediately adjacent to the deck.