When the 30cm height rule is exceeded, the structured route back into compliance.
Raised decking is permitted development only if it is no more than 30 centimetres above ground level. Anything higher — including any railings or balustrades — needs planning permission. The biggest issue with retrospective decking applications is overlooking of neighbouring gardens and habitable rooms, which is usually mitigated through screening, planting or repositioning. Most retrospective decking cases are approvable when these concerns are addressed in the application.
The Town and Country Planning (General Permitted Development) (England) Order 2015 treats raised platforms and decking under Class E. The key limit is straightforward but easily missed: the surface of the decking, including any balustrades or rails, must not exceed 30 centimetres above ground level for the structure to fall within permitted development rights. Anything higher requires full planning permission.
Other PDR limits also apply:
Raised decking is one of the most common neighbour-complaint issues we see. The reason is simple: a 60cm or 80cm raised platform suddenly puts the user at eye-level with first floor windows in the neighbouring property and looking straight into the garden next door. Even a modest deck can fundamentally change the privacy of the surrounding plots. Council enforcement teams take overlooking objections seriously.
Raised decking cases are approvable in most situations, but they require honest engagement with the overlooking question. A planning statement that pretends the deck has no impact on neighbours will be refused. A planning statement that proposes structured mitigation usually succeeds.
Generally yes, provided the property is a dwellinghouse (not a flat) and is not in a conservation area, AONB or other protected designation. Note that the 30cm includes the surface of the decking — if you have any railings, the railings themselves may push the structure beyond the limit.
Measure from the natural ground level adjacent to the deck to the top surface of the deck. A site survey or simple measured photographs with a ruler against the structure are usually enough.
Possibly. Where the case officer takes the view that the deck causes meaningful overlooking that cannot be screened, they may negotiate a reduction in height as a condition of approval. This is preferable to a refusal.
Not for safety in most cases (fall heights are usually below the building regulations threshold). But for planning purposes, screening on the neighbour-facing edges is often what gets the case approved.
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