plazacornwall Posted July 25, 2022 Share Posted July 25, 2022 (edited) Hi all, was looking for some advice if you please. I've erected some decking at the back of my home in Cornwall on a sloped garden and have complied with the planning permission requesites re the decking not being over 30cm higher ground level (at the highest point from the ground adjacent) & not covering more than 50% of my garden. I informed both of my neighbours about my intentions well in advance, out of courtesy, and they raised no issues. Having completed the project, I went on holiday for two weeks and I have had subsequent contact from both neighbours stating they are uncomfortable about their privacy/being able to see into their homes from the decking (I am assuming they have colluded as they raised pretty much the same complaint word for word one after another). I've offered to erect privacy screening but they have both said they don't want this as would effect their light/view. Was intending on applying for retrospective planning permission with the screening regardless, but there seems to be a whole swathe of differing information online. This site states that neighbours can refuse permission even if the decking conforms:- https://www.cladcodecking.co.uk/blog/post/planning-permission-for-decking whilst there seems to be a precedence set from previous planning inspectorate cases that my application would be succesful if I was to erect privacy screening. I'm trying to be reasonable, paticularly as no issues were even hinted at when I discussed this prior to constructing the decking. Any advice on what my rights are/how you advise I should proceed would be greatly appreciated - also if anyone has encountered similar problems & the outcomes. Many thanks. Edited July 25, 2022 by plazacornwall Link to comment Share on other sites More sharing options...
markc Posted July 25, 2022 Share Posted July 25, 2022 Can you post a pic? Link to comment Share on other sites More sharing options...
joe90 Posted July 25, 2022 Share Posted July 25, 2022 If you have abided by the rules then I don’t believe they have a leg to stand on. 2 Link to comment Share on other sites More sharing options...
DevilDamo Posted July 25, 2022 Share Posted July 25, 2022 If you meet the PD guidelines, then you have nothing to worry about. Neighbours can comment/object all they want. If you want that added piece of mind if it is PD, then you can submit a Lawful Development Certificate application to the Council. It'll cost you £103.00 plus the PP service charge and the application would also need to be accompanied by the relevant drawings. I wouldn't read too much into that decking link. It seems they have extracted certain parts from the GPDO and made up the rest. 1 Link to comment Share on other sites More sharing options...
plazacornwall Posted July 25, 2022 Author Share Posted July 25, 2022 Hi all, thanks very much for the responses thus far, it’s much appreciated. That’s a really handy bit of info regarding a Lawful Development Certificate and I’ll definitely explore this route. As regards complying with the rules, I believe I have albeit there does seem to be a caveat regarding privacy which is “The decking must not affect the ability of neighbours to enjoy their own gardens, or risk any intrusion to their privacy – for example, by being high enough to see over their fences” As it is a sloped garden, if I was that way inclined I could stand at the edge of the decking and look over their fences. This is why I mention erecting privacy screening at the far end of the deck to effectively counteract this argument and, provided this screening isn’t taller than 2m (is this measured from ground level?) I can’t see I’d need permission from the neighbours despite their protests. 1 Link to comment Share on other sites More sharing options...
DevilDamo Posted July 25, 2022 Share Posted July 25, 2022 Where have you read that caveat… on the PP website or another official source? Link to comment Share on other sites More sharing options...
Onoff Posted July 25, 2022 Share Posted July 25, 2022 12 hours ago, markc said: Can you post a pic? Ideally looking into their gardens..... 4 Link to comment Share on other sites More sharing options...
joe90 Posted July 25, 2022 Share Posted July 25, 2022 At a previous house I planned to build a conservatory but the neighbour complained I would be able to see straight into her bedroom (bungalow) via her kitchen, when I pointed out that the view would be no different from me sitting on the existing patio and it was her that built close to the boundary she bought a blind for her window 🤣 Link to comment Share on other sites More sharing options...
Roundtuit Posted July 25, 2022 Share Posted July 25, 2022 1 hour ago, joe90 said: ...I would be able to see straight into her bedroom .... she bought a blind for her window 🤣 Ah well, back to flicking through the tv channels then 😉 1 Link to comment Share on other sites More sharing options...
joe90 Posted July 25, 2022 Share Posted July 25, 2022 5 minutes ago, Roundtuit said: Ah well, back to flicking through the tv channels then 😉 Oh no, she was in her 80,s 🤢 Link to comment Share on other sites More sharing options...
Temp Posted July 25, 2022 Share Posted July 25, 2022 14 hours ago, plazacornwall said: Hi all, thanks very much for the responses thus far, it’s much appreciated. That’s a really handy bit of info regarding a Lawful Development Certificate and I’ll definitely explore this route. I would wait as there is a fee. If the neighbours are really upset they will complain to the planners. The planners may ask to come take a look. If you meet Permitted Development Rights they will go away and tell the neighbours that Planning Permission isn't required. End of story. If the planners think you don't comply they may send a "letter of intended enforcement". Don't panic. You have lots of options. Read the letter to see why they think it doesn't meet Permitted Development Rights. Then call and ask what they recommend you do. They may suggest a retrospective planning application and allow it just so they can tell the neighbours its all in order. You could also fix the problem and the apply for a Certificate. 2 Link to comment Share on other sites More sharing options...
plazacornwall Posted July 26, 2022 Author Share Posted July 26, 2022 11 hours ago, DevilDamo said: Where have you read that caveat… on the PP website or another official source? Again, not an official source (so could well be incorrect/a misinterpretation) but some websites allude to this privacy caveat as per the following:- https://www.savoytimber.com/help-and-advice/do-you-need-planning-permission-for-your-garden-decking/ I'm not particularly au fait with planning permission regs outside of those I read and complied with on the official website, but given my lack of knowledge seems a bit of a minefield in terms of differing info online have been caught a bit off guard by these sudden objections. 6 hours ago, Temp said: I would wait as there is a fee. If the neighbours are really upset they will complain to the planners. The planners may ask to come take a look. If you meet Permitted Development Rights they will go away and tell the neighbours that Planning Permission isn't required. End of story. If the planners think you don't comply they may send a "letter of intended enforcement". Don't panic. You have lots of options. Read the letter to see why they think it doesn't meet Permitted Development Rights. Then call and ask what they recommend you do. They may suggest a retrospective planning application and allow it just so they can tell the neighbours its all in order. You could also fix the problem and the apply for a Certificate. OK, this is brilliant advice thanks. Link to comment Share on other sites More sharing options...
DevilDamo Posted July 26, 2022 Share Posted July 26, 2022 Do not read too much into third party websites giving “their” take on Planning/PD. Always use the Planning Portal or Government website. If you comply with that, you have nothing to worry about. I could spend days trawling through various third party websites where they provide incorrect Planning and Building Regulations advice. 1 Link to comment Share on other sites More sharing options...
Ferdinand Posted July 26, 2022 Share Posted July 26, 2022 I don't think it has been mentioned how "ground level" is measured for fence height. There's stuff about measuring from the original ground level, whatever that means, and also how slopes are handled, and also how being next to a building affects it. But for now just be aware of the issue, and only dive into it if you need to. Link to comment Share on other sites More sharing options...
DevilDamo Posted July 26, 2022 Share Posted July 26, 2022 2 hours ago, Ferdinand said: I don't think it has been mentioned how "ground level" is measured for fence height. There's stuff about measuring from the original ground level, whatever that means, and also how slopes are handled, and also how being next to a building affects it. But for now just be aware of the issue, and only dive into it if you need to. The same as if it was a building. Link to comment Share on other sites More sharing options...
Adsibob Posted July 26, 2022 Share Posted July 26, 2022 11 hours ago, Temp said: I would wait as there is a fee. If the neighbours are really upset they will complain to the planners. The planners may ask to come take a look. If you meet Permitted Development Rights they will go away and tell the neighbours that Planning Permission isn't required. End of story. If the planners think you don't comply they may send a "letter of intended enforcement". Don't panic. You have lots of options. Read the letter to see why they think it doesn't meet Permitted Development Rights. Then call and ask what they recommend you do. They may suggest a retrospective planning application and allow it just so they can tell the neighbours its all in order. You could also fix the problem and the apply for a Certificate. +1. I wouldn't do anything. The neighbours might not even complain, and even if they do the complaint might not be upheld, and even if it is you then still have options. Link to comment Share on other sites More sharing options...
mr rusty Posted August 2, 2022 Share Posted August 2, 2022 Here's a thread on a similar issue. It went to the planning inspectorate and the OP of the thread won. link 1 Link to comment Share on other sites More sharing options...
joe90 Posted August 2, 2022 Share Posted August 2, 2022 (edited) Wow, just read that long link but the end result is as I expected, planners know nothing about the rules (don’t get me started about planners, I went to appeal about our build and won), his went to appeal and he won, decking height is measured next to the house (max 300mm) and any slope acceptable , all done under PD. (As long as you retain PD rights?). Edited August 2, 2022 by joe90 Link to comment Share on other sites More sharing options...
plazacornwall Posted August 3, 2022 Author Share Posted August 3, 2022 Thanks for posting that, a good read. I'll keep this thread updated as, although I've not heard anything yet I'm anticipating hearing from the planners with the neighours objections shortly! Link to comment Share on other sites More sharing options...
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