Decking - Public forum - Planning Advisory Service (PAS)
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Started - July 2012
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Last activity - Today
Decking
under the recently introduced Permitted Development Rights for curtilage works to dwellings Class E development is not permitted where it ''includes the construction or provision of a veranda,balcony or raised platform'' A ''raised platform ''is defined as having a height greater than 300mm. All of the other limitations in this class refer to the height of a structure and the consideration of a raised platform would appear to follow the same principle. Decking can be considered as a plsatform and be investigated under these limitations When the site has a slope where should the dimension be taken from? Under the Planning Act ,Citation, Commencement and Interpretation 1.(3) the height of a building is to be measured from the highest part of the ground adjacent to the building etc. It follows that decking should also be measured from thehighest ground level. On steep ground this could and does result in an increase in overlooking as it can of course in buildings is this the correct method of measurement we have a divergence of opinion as some believe this wasnt what was intended by the legislators!! Mike campbell
I am thinking of building a deck - but am sure I need planning permission - thats what is putting me off!! I have not studied the encyclopedia or gone and looked at the wording of the regs again but as with buildings and fences it should, in my view, be true ground level that the height is measured from. In my case the deck will be less than 300mm in one place and over a metre in another - so pp it is.
David Wigfield, modified 14 Years ago.
Re: Decking
New Member Posts: 8 Join Date: 19/10/11 Recent Posts
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This certainly is a concern. It seems clear to me that the intention of the amendment was to prevent the sort of problem described, by preventing it being permitted under Class (e) if it is higher than 300mmm - but as elsewhere, the Regs don't seem to do what was intended. It seems logical to take the measurement from all points, and if it's over 300mm anywhere then it needs pp. But with nothing to say that the 'measure from the highest adjoining ground' rule doesn't apply - it looks like virtually all decking on sloping land will be pd. We have 2 horrendous cases at the moment of decking built on sloping gardens with dreadful overlooking consequences - I was going to enforce against them without hesitation - but now I'm not so sure we can. Having said all that - wouldn't this dilemma still have applied before the amendments too ? I can't find a case which clearly addresses the issue. If anyone has an answer I'm sure we'd all be glad to hear it.
I am following this debate with great interest ,as not having to submit an application would be great - my deck of course would cause no overlooking and will look absolutely splendid!
Gilian - This thread http://communities.idea.gov.uk/c/929137/forum/thread.do?backlink=ref&id=2153568 in our permitted development CoP should give you some cheer. It won't be the worst case of unintended consequences you'll have seen, but it is a pretty good one ...
The 1995 GPDO, Article 1 (3) states: 'unless the context otherwise requires....' then goes on to explain measured at the highest point of the land where the levels are not uniform etc etc. Surely in this scenario the legislation requires a different interpretation. The permitted development guidance for decking (raised platforms) was surely not intended to allow this. It would be interesting to see an inspectors appeal decision on this subject.
In my deliberations I came to the conclusion that planning permission for the deck was not required provided that it was no more than 300mm adjacent to the highest adjoining land. As with all PD there are always cases where the reality is not brilliant but that in the majority of situation there is no harm. Mine is now built and there is no harm.
Has there been any further developments regulation wise on whether for sloping gardens, the height of the decking should be measured from the highest adjoining land and if less than 300mm from the highest adjoining land, would be classed as permitted development?
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