We will be having decking built on top of an existing raised patio immediately adjacent to the back of our house. UK Planning laws state that planning permission must be sought if the decking is 30cm or more above ground level. Our decking will not exceed this height when measured from the top of the existing raised patio however if it is to be measured from true ground level then things get a little more complicated. The true ground level surrounding where the decking varies due to a sloping plot. To one side of the decking (the front), the ground will be more than 30cm lower however the driveway to the other side of the decking is flush with the existing raised patio and so, if measured from here, the height of the decking will not exceed the 30cm rule. Help...do we need planning permission for the decking of not?!!
1 Answers
As defined in article 1(3) of the Town and Country Planning (General Permitted Development) Order 1995, height is measured from ground level - “Ground level means the level of the surface of the ground immediately adjacent to the building in question, or where the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it”.
(source, from Wales but applies to England too. Scotland and NI may differ)
Which suggests the procedure is to take the highest point of the ground touching the building. It clearly can't be the existing patio level, otherwise you could one day build a patio up to a certain height, then the next day build a taller patio on top of the new 'existing patio' to another height, and so on.
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