Retrospective planning application

[FookMeFookYou]

Eeek, so we've just discovered that we should have applied for planning for our decking. However my questions is, if we build the land back up underneath where we had to dig out for the support posts, (there is a fairly steep slope to our garden hence needing a decked flat space) so that it's technically level with the ground at the start, can we avoid the need to apply? Any advice welcome... we've had to rely on free materials and labour to build it so would have to wait to afford the application fee if we need to make the application. And of course there's the need to supply plans - do these need to be professionally drawn?

What a mess 🤦🏽‍♀️

Anyone?

Who has told you that you need planning and what is the reason?

Planning is complex. A friend had plans drawn up by an architect who told her she didn't need planning but fortunately she decided to check and submit application for a certificate of lawfulness and it came back that she did need planning...albeit the council seemed unsure and took two months just to decide

This sounds more like platform(s) have been built using decking and posts to provide level surfaces on slopes.

Planning regs limit the height above the ground the decking layer can be.

Is this what you’re talking about OP?

The plans don't have to be professionally drawn. I drew my own plans for our extension and garage.

If you have a pencil and a ruler, you should be able to manage it.

Has anyone actually objected to your decking? If not, you could just wait and apply for a certificate of lawfulness after 7 years.

@tanstaafl yes the end of the decking, mostly due to the slope (but we did have to dig other areas out to get it supported and level) the end is way above the 30cm limit 😬 I'm not sure exactly how much without measuring but it's obviously so...

I only checked last night because something had been niggling me and then saw it in black and white.

My dad has built it for us (he's in the trade) using materials that he's acquired or then bought for us. The decked area from our original conversations is MUCH bigger than we envisioned and therefore goes out further so the gradient of the slope is such that we are now over the limit.

We did discuss the work with our neighbours who are happy both sides. We also intend to carry out additional privacy measures, but in time when we can afford to. I just worry that a retrospective application will result in them inspecting it and telling us to take it down.

It's cost my parents so much money and then there's the costs of removal if that's the outcome which we can ill afford.

@MarieG10 I'd checked on the planning portal last night as I had a niggle... we are over the 30cm limit 😫

I believe the measurement is supposed to be from the natural ground level so I’m not sure that building the land up beneath the decking so that the decking is not more than 30cm above that new level will work. Presumably it’s the bit furthest from your house, if the ground slopes down, that is the problem in terms of height above natural ground level.

Is this relating to an enforcement visit from the council? They may be able to provide some guidance. The issue is that if your neighbours land also slopes and you have the standard boundary treatment which isn’t usually higher than 2m, then having a raised deck can mean that someone on it has clear views over the fencing.

Your options really are to wait to see whether the council serves an enforcement notice and then you can appeal against that (you would need at that stage to pay the fee you would have paid, had you applied for planning permission). Or submit a retrospective planning application. Or to get advice on whether pp would have been required and submit an application for a lawful development certificate.

Ah right. If no one has complained do nothing. It’s unlikely that enforcement from the council will know. Take date stamped photos of the decking having been built. Wait 4 years and then you don’t need permission as the development will be immune from enforcement.

If someone does complain, then you can deal with it at that stage. In the meantime, make sure is as private as possible so that if there was a complaint and you needed permission, there wouldn’t be a ground for refusal relating to loss of privacy.

4 years in England for immunity from enforcement for this sort of development.

@RottnestFerry I think if our current neighbours stick around then we should be fine for the 7 years and then apply for the certificate. They have lived in their respective properties for around 20 yrs so I don't see them moving anytime soon. Plus our houses are quite distinct and not easy to come by.

They haven't stated any issues with the decking and they are both the types to just say if it was an issue. I'm grateful that we have that type of relationship with them.

it’s only 4 years to wait and sounds unlikely that your neighbours are unhappy, so I’d wait and see what happens. You can cross the bridge of applications if you have to, but for now, I wouldn’t worry.

@Janleverton oh wow only 4 years, that's great. Like you say with the additional measures which we always intended to do and will do as soon as money allows, then that's one less reason if it came to the local authority's attention.

Phew I feel much less panicked now. It's such a beautiful space, a real sun trap and will be great for the kids this summer now it's in a stage that it can be used.

Thanks everyone 😎

😎🍹

I think if our current neighbours stick around then we should be fine for the 7 years and then apply for the certificate

Even if they move, the new people are unlikely to know that you haven't got planning.

Glad to be corrected on the enforcement limit.

^ very good point. New neighbours will be aware of decking when they buy and much less likely to buy a house with an issue next door if it bothers them that much.

10yrs if you are in a conservation area. We got planning permission for that reason, I didn't want the hassle if we decided to sell. We did have to get plans drawn up because mine were rejected and it meant we had to wait two months before starting work which was annoying but I am glad we have did it officially.

@RottnestFerry yes I think you're right but I've read about so many neighbour disputes (on Mumsnet 😬 and the like) it's a lucky dip as to what type of person you'll get. After years of renting and having to deal with some real asshats I'm enjoying the P&Q 😌

@Parttime1 we are not in a conservation area but we are lucky enough to have a nature reserve directly behind our boundary - which incidentally we get to appreciate from our decking 😂

That's annoying that they didn't accept your drawings. From what I read they only recently starting charging for online apps. It's all money money money isn't it

We'll be here until our youngest is through primary so a good 9 years before we need to consider things from a selling point of view. Mind you this entire renovation has been a lot of graft and money so I might want to get some more mileage to make the blood, sweat and tears worth it 😉

I don’t think it’s 10 years even if in a conservation area. The 4 year rule applies to development/engineering operations in a residential dwelling. The 10 rule applies to change of use (excepting to a residential dwelling) and things like a breach of a planning condition.

We did have to get plans drawn up because mine were rejected

If you want to draw your own, I would advise looking at other people's plans first. Most councils have a website that they can be downloaded from. Some of the ones I saw that had passed looked like they had been drawn by a three year old with a wax crayon.

I had an advantage as I have a design background and spent a few years in a drawing office (before CAD).

Our local planning department has a pre-submission checking service (for a small fee) that will highlight any errors before you submit.