Existing Decking and Planning

July 20, 2025 by graham in forum Planning Forum

#2537 graham, 20 July 2025, 23:48

2008 bought house with brick and paved raised patio accessed from lounge patio doors. Over years replaced paving with wooden decking. 2017 Planning permission granted for a new extension with Patio doors opening onto the wooden decking. 2025 replaced the wooden boards with PVC ones - nothing else same levels and area as 2017. Neighbour recently cut her trees and bushes meaning we can see over into her garden now, Reported us to Planning as she is now overlooked. are we OK. It would be a major exercise to removing decking, frame and old 2008 patio. we are panicking and its getting nasty. comments

#2538 Damian, 21 July 2025, 19:33

Is the decking over 300mm high/above ground level?

If not, then it would not be considered Permitted Development and therefore exempt from Planning.

If so, then you could claim the decking is lawful on the basis of it being there for 4 years prior to April 2023. You would obviously need to provide dated evidence.

#2539 graham, 21 July 2025, 21:11

Thanks Damiam. It is over 300 mm but thankfully the plans for the extension submitted to the Council are 4 years prior to 2023. Similarly Google Earth dated pics using the 'Back in Time' mode show the decking in 2010 ! Plus I have 2008 original Estate Agents blurb when we purchased the house plus our survey which show photos and description of the original raised patio area that the decking lies on. Fingers crossed !

#2540 Damian, 22 July 2025, 21:02

You should therefore be able to submit a Certificate of Lawfulness application.

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