Retrospective Planning Applications for Raised Decking

Raised decking can be an attractive addition to your property, offering an outdoor space for relaxation and entertainment. However, if installed without proper permissions, it may require a retrospective planning application to ensure compliance with local regulations. This guide examines permitted development rights, when a retrospective application is necessary, submission requirements, and common issues and challenges.

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Retrospective Planning Applications for Raised Decking

Raised decking can be an attractive addition to your property, offering an outdoor space for relaxation and entertainment. However, if installed without proper permissions, it may require a retrospective planning application to ensure compliance with local regulations. This guide examines permitted development rights, when a retrospective application is necessary, submission requirements, and common issues and challenges.

Permitted Development Rights for Raised Decking

Permitted Development (PD) rights allow certain minor works to be carried out without the need for planning permission. For raised decking, the following criteria typically apply:

  • Height Restriction: The decking, including any balustrades, must not exceed 30 centimetres above ground level.
  • Boundary Proximity: Structures near property boundaries must not result in overdevelopment or create privacy concerns.
  • Cumulative Impact: Decking, combined with other garden structures, must not cover more than 50% of the garden space, excluding the footprint of the original house.

If your decking exceeds these criteria or is located within a conservation area, National Park, or other protected zones, planning permission is required.

When is a Retrospective Planning Application Needed?

A retrospective planning application is necessary if:

  1. The decking was constructed without prior approval and does not fall within PD rights.
  2. It exceeds allowable dimensions or has a significant visual or environmental impact.
  3. Complaints have been raised by neighbours or noted during an inspection, prompting an investigation by the Local Planning Authority (LPA).

The application process for retrospective permission is treated in the same way as standard planning applications, focusing on the decking’s design, impact on neighbours, and compliance with local policies.

Submission Requirements for a Retrospective Application

When submitting a retrospective application for raised decking, ensure the following:

  1. Application Form: Fully completed and detailing the structure’s dimensions, materials, and purpose.
  2. Accurate Plans and Drawings: Scaled site and elevation plans showing the decking’s position, height, and any additional features like railings or steps.
  3. Supporting Documents: Provide a Planning Statement explaining how the decking meets or can be adapted to meet planning policies.
  4. Photographic Evidence: Include photographs of the decking in its current state to give the LPA a clear understanding of its impact.
  5. Fee Payment: As with other planning applications, fees are based on the scale of the development.

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Retrospective Planning Applications for Raised Decking

Raised decking can be an attractive addition to your property, offering an outdoor space for relaxation and entertainment. However, if installed without proper permissions, it may require a retrospective planning application to ensure compliance with local regulations. This guide examines permitted development rights, when a retrospective application is necessary, submission requirements, and common issues and challenges.

Permitted Development Rights for Raised Decking

Permitted Development (PD) rights allow certain minor works to be carried out without the need for planning permission. For raised decking, the following criteria typically apply:

  • Height Restriction: The decking, including any balustrades, must not exceed 30 centimetres above ground level.
  • Boundary Proximity: Structures near property boundaries must not result in overdevelopment or create privacy concerns.
  • Cumulative Impact: Decking, combined with other garden structures, must not cover more than 50% of the garden space, excluding the footprint of the original house.

If your decking exceeds these criteria or is located within a conservation area, National Park, or other protected zones, planning permission is required.

When is a Retrospective Planning Application Needed?

A retrospective planning application is necessary if:

  1. The decking was constructed without prior approval and does not fall within PD rights.
  2. It exceeds allowable dimensions or has a significant visual or environmental impact.
  3. Complaints have been raised by neighbours or noted during an inspection, prompting an investigation by the Local Planning Authority (LPA).

The application process for retrospective permission is treated in the same way as standard planning applications, focusing on the decking’s design, impact on neighbours, and compliance with local policies.

Submission Requirements for a Retrospective Application

When submitting a retrospective application for raised decking, ensure the following:

  1. Application Form: Fully completed and detailing the structure’s dimensions, materials, and purpose.
  2. Accurate Plans and Drawings: Scaled site and elevation plans showing the decking’s position, height, and any additional features like railings or steps.
  3. Supporting Documents: Provide a Planning Statement explaining how the decking meets or can be adapted to meet planning policies.
  4. Photographic Evidence: Include photographs of the decking in its current state to give the LPA a clear understanding of its impact.
  5. Fee Payment: As with other planning applications, fees are based on the scale of the development.

Common Issues and Challenges

Retrospective applications for raised decking can face significant scrutiny. Common challenges include:

  1. Neighbour Complaints: Raised decking often increases overlooking, causing privacy concerns. This is one of the most frequent objections raised by neighbours. To address this:
    • Propose screening or planting solutions in your application to mitigate privacy issues.
    • Engage with neighbours to explain your intentions and consider compromises.
  2. Non-compliance with Regulations: Decking that significantly breaches PD rights or planning guidelines, such as exceeding the height limit or dominating the garden space, may be refused. A robust Planning Statement can help argue your case by:
    • Highlighting the benefits of the decking, such as enhanced garden usability.
    • Proposing adjustments to meet policy requirements where necessary.
  3. Environmental Impact: Decking constructed near trees, wildlife habitats, or in flood-prone areas may raise ecological or drainage concerns. Consider consulting a landscape professional to propose mitigation measures, such as improved drainage systems or environmentally sensitive design.
  4. Visual and Aesthetic Concerns: Decking that appears out of character with the property or surroundings may face objections. Ensure the design integrates harmoniously with the existing building and landscape.

While retrospective planning permission offers a solution for unauthorised property modifications, it’s always best to submit a planning application. Property owners should strive to understand and adhere to planning regulations before commencing any construction to avoid the complexities associated with retrospective applications. Proactive engagement with professionals and the LPA can ensure that developments are both compliant and successful.

Contact RPE today for help with your retrospective planning permission.