12 hours ago
Homeowner uses Google Earth to prove he can keep his garden decking
A homeowner who was told the decking in his garden was too high has won his battle with planners by using Google Earth to prove his case.
Gareth Leek, 58, was told he needed planning permission for the decking at his home in Pontypool, Gwent, Wales – despite it being built eight years ago.
Planning officials told Leek that the decking, that sits 83cm off the ground, was half a metre over the height that required building permission from the council.
But rather than simply accepting the decision, Leek went on Google Earth and obtained satellite images that showed the decking had been in place for four years without any challenge.
A neighbour also supported Leek, telling officials that the decking – which is 4.84m wide and 3.82m long –had been in place in the garden since at least 2019.
A planning hearing heard Leek had retrospectively applied for a certificate of lawful development and he was legally allowed to stop the grey and white decking from being ripped out.
Planning officer Simon Pritchard acknowledged the evidence presented by Leek, which included a Google Earth aerial image from June 2018.
Pritchard said the council had no evidence or reason to doubt that the decking had not been 'substantially completed for less than four years'.
His report confirmed Leek's application to keep his smart decking is now immune from enforcement action.
Installing decking in your garden often falls under permitted development, meaning planning permission is typically not required if specific conditions are met.
According to guidance from the Planning Portal, decking can proceed without permission if it is no more than 30cm above ground level and, combined with other extensions or outbuildings, covers less than 50% of the garden area.
The decking must also not be positioned forward of the principal elevation of the house, typically the front wall facing a road.
However, planning permission is necessary in certain cases. If the decking exceeds 30cm in height or covers more than 50% of the garden, an application is needed.
Additionally, if the decking is within 20 metres of a highway or impacts neighbours' privacy, such as by enabling overlooking, permission is required.
To apply for planning permission, people must submit an application through the Planning Portal website or contact your local planning authority directly.
The process requires detailed plans, including measurements and the decking's location on your property, along with an assessment of its impact on the local environment and neighbouring properties.
Applications typically take up to eight weeks to process and may involve a fee, around £200.
Consulting with neighbours beforehand can help address concerns – their objections could influence the final decision so this is an important step.
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