DECKING AND RAISED PLATFORMS – PLANNING PERMISSION
If you want to add decking or a raised platform to your garden, you may need planning permission – requiring a planning application to your local authority.
Planning applications cost money, take time, and require an assessment to be made by a local planning authority officer. Your neighbours will be consulted and can object to your proposals.
However, as with any external change to your house, you can undertake certain works without the need to apply for planning permission – subject to ‘permitted development’ rules being met in terms of extension size, type and location.
The relevant rules are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended.
DECKING AND RAISED PLATFORMS – PERMITTED DEVELOPMENT RULES
Planning permission is not required for the construction of decking or other raised platform at a house, providing:
The decking or platform is no more than 30 cm above the ground, at any point;
The total area of ground covered by decking, buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would not exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse)
No part of the deck would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse
If you live in any of the areas listed below, additional limitations on ‘permitted development’ will apply:
- Conservation Areas
- Areas of Outstanding Natural Beauty
- National Parks
- the Broads
- World Heritage Sites
In these areas, decking and raised platforms are not permitted development if:
the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the house would exceed 10 square metres; or
decking is proposed between a side elevation of the house and the property boundary (i.e. only allowed at the rear)
There are no permitted development rights to construct decking within the curtilage of a Listed Building.
Contact your local authority or seek professional advice if you live in these areas.
REMOVAL OF PERMITTED DEVELOPMENT RIGHTS
Permitted development rights can also be removed by your local planning authority, either through the addition of a Condition on a previous planning permission, or through imposition of an Article 4 Direction.
CONTACT YOUR LOCAL PLANNING AUTHORITY BEFORE STARTING WORKS
For the purposes of planning, contact with the local planning authority is generally only necessary before carrying out permitted development where:
- ‘prior approval’ from the local planning authority is required under PD rules
- a ‘neighbour consultation scheme’ is in place
- the local planning authority has a Community Infrastructure Levy in place which requires developers to contact the local planning authority before carrying out permitted development. Failure to do this may result in the local planning authority imposing a surcharge on a developer
- the permitted development rights require the developer to notify the local planning authority of a change of use
Schedule 2 of the GPDO sets out when any advance notification is required. If you are in any doubt, contact your local planning department or seek professional advice.
PERMITTED DEVELOPMENT RIGHTS FOR FLATS, SHOPS AND OTHER PREMISES
Permitted development rights under Part 1 of the GPDO only apply to houses – they do not apply to flats, maisonettes or other buildings.
Check out our guides to non-householder PD rights (through the menu at the top of this page).
If a development is over 100 sq m in size, it may be liable for a charge under the Community Infrastructure Levy (CIL).
Check with your local planning authority whether they use CIL in your area and whether it applies to permitted development.
And Finally …
PD rights are subject to change. The guide above is for general information only and does not constitute advice. Local and site-specific circumstances can differ and affect whether a planning application is needed.
Other consents (such as Building Regulations or notifications under the Party Wall Act) may also be needed.
To determine whether planning permission or other consents are required, seek professional advice or clarification from your local authority before starting works.
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