Categories
Category: Blog FAQ

Do You Need Planning Permission For Decking?

Do You Need Planning Permission For Decking?
Home » Blog » Do You Need Planning Permission For Decking?

Key Highlights

  1. Adding decking to your property can enhance its appeal and provide versatile outdoor space.
  2. Understanding planning permission and permitted development rights is crucial before starting any decking project.
  3. Permitted development rights allow decking installations without the need for planning permission, subject the design and location.
  4. However, there are limitations and constraints to consider, such as conservation areas, listed buildings and article 4 directions.
  5. It’s important to identify when decking falls under permitted development and when planning permission is required.
  6. Applying for planning permission or obtaining a lawful development certificate is essential for a successful decking project.

Introduction

Adding a deck to your garden can be an excellent way to create a modern and flexible outdoor space for your home. Whether you’re planning to use the deck for entertaining, dining, or simply relaxing, it can enhance the overall appearance and functionality of your property.

Prior to starting your decking project, it is crucial to familiarise yourself with the rules and regulations concerning planning permission. Non-compliance may lead to planning enforcement by the local authority, necessitating the removal of your decking and potentially impacting the future sale of your property.

This blog post will provide a comprehensive guide on planning permission for decking. We’ll explain the concept of permitted development, discuss the criteria for decking without planning permission, and outline the situations that may require planning permission. We’ll also provide tips on how to navigate the planning permission process and avoid common mistakes and compliance issues.

By the end of this blog, you’ll have a clear understanding of whether you need planning permission for your decking project and how to ensure its success within the legal framework.

Is Decking Permitted Development or Needs Planning Permission?

Understanding Planning Permission and Permitted Development

Before delving into the specifics of planning permission for decking, it’s important to understand the concepts of planning permission and permitted development. Planning permission is granted by the local planning authority and ensures that any changes or additions to a property adhere to certain standards and regulations. Permitted development, on the other hand, refers to certain developments that can be carried out without the need for planning permission, unless these rights have been removed by planning constraints such as an ‘Article 4’ direction due to the character of an area being threatened by unmanaged development. These rights are granted under specific conditions and allow homeowners to make certain improvements to their properties.

The Basics of Permitted Development for Decking

Permitted development rights play a significant role when it comes to decking installations. Under these rights, you may be able to construct decking or other external additions without obtaining planning permission, provided they meet certain criteria. Firstly, the height of the decking structure should not exceed 30cm above the ground. Additionally, when combined with other extensions and outbuildings that have been added to the original dwelling, the decking should cover no more than 50% of your garden area. Additionally, garden rooms and other outbuildings are also subject to these criteria. Lastly, the decking or raised platforms should not extend beyond the front wall of your property. However, it’s important to note that if your property is located in a conservation area or an area of Outstanding Natural Beauty or if there are any other planning constraints such as an Article 4 Direction, additional requirements may apply, and planning permission may be necessary.

Recognising the Limitations and Constraints

While permitted development rights allow for certain decking installations without planning permission, there are several limitations and constraints to consider. If your property is located within a conservation area or is a listed building, planning permission may be required. These designations are made to protect the unique character and heritage of these areas. Similarly, decking installations in national parks or other designated areas of outstanding natural beauty may also require planning permission. Additionally, adding decking in the garden, or curtilage, of a listed building will not be covered by permitted development and will require planning permission. It’s essential to consult with your local planning authority or a qualified planning consultant to determine if your decking project could be permitted development or requires planning permission due to any of these constraints.

Identifying When Decking Falls Under Permitted Development

Identifying When Decking Falls Under Permitted Development

Determining whether your decking project falls under permitted development or requires planning permission can be a critical step in the planning process. Several factors come into play when identifying if your decking falls under permitted development. These include the height of the decking structure, the total garden area covered by the decking and other extensions, and the location of the decking in relation to your property’s principal elevation as well as any planning constraints at the site address. By understanding these criteria, you can determine if your decking project can proceed under permitted development without the need for planning permission.

Criteria for Decking Without Planning Permission

To proceed with decking without planning permission, it’s crucial to meet the specific criteria set out by the General Permitted Development Order. Firstly, the height of the decking structure should not exceed 30cm above ground level, ensuring that it remains at ground level or close to it, in accordance with the permitted development rules. Additionally, the combined area of the decking and other extensions or outbuildings should cover no more than 50% of your garden, including the area occupied by any extensions or outbuildings added to the original house. This allows for the preservation of open space and avoids excessive development. By adhering to these criteria, providing there are no planning constraints that limit or remove your permitted development rights your decking is likely to be considered permitted development.

The Importance of a Lawful Development Certificate

While planning permission may not be required for your decking project, obtaining a lawful development certificate is still important. A lawful development certificate serves as proof that your decking installation is within the permitted development rights and complies with the regulations. It provides assurance to potential buyers or future homeowners that the decking was legally installed. Solicitors often bring up this issue during property sales, and the sale may not go through without an approved lawful development certificate or planning approval. Applying for a lawful development certificate involves submitting an application to your local planning authority. A lawful development certificate is the only way to get a legal determination that your decking is permitted development and does not require planning permission. It protects you from any retrospective planning issues or enforcement action indefinitely. It’s advisable to consult with your local authority or seek professional pre-planning advice from a qualified town planner to limit the risks and consequences of making any of the common permitted development mistakes.

Situations Requiring Planning Permission for Decking

Situations Requiring Planning Permission for Decking

While permitted development allows for many decking projects without the need for planning permission, there are situations where planning permission is required. It’s important to be aware of these situations to ensure compliance with the law. Some of the common triggers for planning permission include decking that is raised or elevated, decking that exceeds a certain height, and decking located within a specific distance from a highway. Understanding these situations will help you determine if your decking project falls within the scope of permitted development or requires planning permission.

Common Triggers for Planning Permission Need

Certain circumstances can trigger the need for planning permission when it comes to decking installations. If your decking is raised or elevated, it may exceed the criteria for permitted development and require planning permission, especially if it affects the privacy or property value of your neighbours. Similarly, if the decking exceeds a specific height or includes handrails, planning permission may be necessary to ensure compliance with planning policies. Additionally, if your decking is located within a certain distance from a highway or your neighbours’ property, planning permission may be required to address safety and privacy concerns. It’s crucial to consider these triggers and consult with your local planning authority or a qualified town planner to determine whether planning permission is required for your decking project.

Steps to Apply for Planning Permission

If your decking project requires planning permission, it’s essential to follow the necessary steps to ensure a smooth application process. First you will require accurate 2D architect drawings to show the design of the decking and where it will be located in relation to the existing property and the surrounding area. You will also require a planning or design and access statement to justify how your proposed decking meets the required planning policies and should therefore be approved. You will need to include details about the project, including the location, proposed height, width, length and materials of the decking structure. You also need to provide information about the potential impact on the surrounding area, especially if your property is in a conservation area or if it affects privacy or listed buildings. Once your architect drawings, planning statement and supporting evidence are ready you can submit the application form via the government’s planning portal. Once the application is submitted, the local planning authority will review the proposal and assess its compliance with the applicable regulations. In theory, householder planning applications should be determined within 8 weeks however, many planning authorities are backlogged so it can take longer. It’s advisable to seek professional advice from a qualified town planner or consult with your local planning authority to ensure you provide all the necessary information and adhere to the correct procedures during the application process.

Navigating the Planning Permission Process for Decking

Navigating the Planning Permission Process for Decking

Navigating the planning permission process can seem daunting. Understanding the criteria for permitted development and the situations requiring planning permission is crucial. By determining whether your decking falls under permitted development, you can streamline the process and proceed with confidence. It’s important to be aware of any planning conditions, building regulations, or additional requirements specific to your property or location. Following the proper steps and seeking professional advice can help you navigate the process smoothly and successfully.

How to Determine If You Need Planning Permission

Determining whether you need planning permission for your decking project can be confusing, especially with different rules and regulations for each location and various types of developments. Factors such as permitted development rights, the nature of your project, its intended use, and the rules specific to your property type can all impact the need for planning permission in the UK. It’s essential to consult with your local planning authority or seek professional advice from a qualified planning consultant to evaluate your specific circumstances. They can provide insights into the applicable regulations and help you determine if planning permission is required for your decking project.

Consulting With the Council or Hiring a Town Planner

If you’re unsure about the planning permission requirements for your decking project, consulting with your local council via their pre-application service or hiring an RTPI town planner can be beneficial. They have in-depth knowledge of local regulations and can provide professional advice tailored to your specific circumstances. They can help you navigate the planning permission process, clarify any uncertainties, and ensure compliance with all relevant laws and regulations. Hiring a town planner can also save you time and effort by handling the application process on your behalf and ensuring all necessary documents are prepared and submitted correctly.

Avoiding Common Planning Mistakes and Compliance Issues

Avoiding Common Planning Mistakes and Compliance Issues

To ensure a successful decking project, it’s important to be aware of common planning mistakes and compliance issues that can arise. Compliance with building control regulations, including obtaining the necessary approvals and certificates for any additional building work, is crucial. Failing to comply with these regulations can result in enforcement action and potential penalties. It’s also essential to consider any legal requirements, such as obtaining planning permission or a lawful development certificate. By understanding the compliance process and seeking professional advice, you can avoid costly mistakes and ensure your decking project meets all necessary standards.

Consequences of Non-Compliance

Non-compliance with planning permission regulations can have significant consequences for your decking project. Local planning authorities have the power to take enforcement action against non-compliant structures, which may result in the removal or alteration of your deck. This can be a costly and time-consuming process, not to mention the potential impact on the value and appeal of your property. It’s essential to understand and adhere to the applicable regulations to avoid these consequences. If you have inadvertently installed unauthorised decking, it’s advisable to take corrective measures promptly and seek retrospective planning permission to rectify the situation.

Corrective Measures for Unauthorised Decking

If you discover that your decking was installed without the necessary planning permission or permits, it’s important to take corrective measures to rectify the situation. Start by contacting a qualified town planner explaining the oversight, they will guide you on the appropriate steps to rectify the unauthorised decking, which may include applying for retrospective planning permission. It’s crucial to address the non-compliance as soon as possible to avoid potential enforcement action or penalties. By taking the necessary corrective measures and seeking professional advice, you maybe be able rectify the situation and ensure your decking project is lawful and no longer at risk of enforcement action.

Making Your Decking Project a Success

Making Your Decking Project a Success

To make your decking project a success, it’s important to consider various factors, from planning approval to garden design. Ensuring compliance with planning permission and building regulations is crucial for a smooth and hassle-free project. Additionally, incorporating decking into your garden design responsibly can enhance the overall aesthetic appeal and functionality of your outdoor space. By following the proper procedures, consulting with professionals when needed, and considering the design and layout of your decking, you can create a successful and enjoyable outdoor area for your home.

Tips for Smooth Planning Approval

Obtaining planning approval for your decking project can be a straightforward process if you follow some essential tips. Firstly, familiarise yourself with the planning requirements and ensure you provide all necessary information and supporting documents with your application. Consider consulting with professional planning consultants or your local planning authority to ensure your application meets all requirements. Finally, be patient and allow sufficient time for the application to be reviewed and processed. By following these tips, you can increase your chances of obtaining planning approval for your decking project.

Incorporating Decking into Your Garden Design Responsibly

Integrating decking into your garden design requires careful consideration of various factors. Whether you choose composite decking or timber decking, ensure that the materials and design align with the overall aesthetics of your garden. Consider the size and layout of your garden, as well as the functionality you desire from your decking. Additionally, pay attention to maintenance requirements and sustainability aspects when selecting materials. By incorporating decking responsibly and thoughtfully, you can create an outdoor space that seamlessly blends with your garden and enhances the overall appeal of your property.

Conclusion

In conclusion, understanding the nuances of planning permission for decking is crucial for a successful project. Whether your decking falls under permitted development or requires formal approval, complying with regulations is essential. To navigate this process smoothly, consult with your local council or consider hiring a town planner. By incorporating your decking responsibly into your garden design and addressing any compliance issues proactively, you can ensure a successful outcome. For more personalised guidance on your decking project, don’t hesitate to get in touch.

Frequently Asked Questions

What is the maximum height for decking without planning permission?

The maximum height for decking without planning permission is 30cm above the ground. This ensures that the decking remains at ground level or close to it, complying with permitted development rights.

Can my neighbors object to my decking project?

Yes, your neighbours have the right to object to your decking project. It’s essential to inform them about your intentions and address any concerns they may have, especially if the decking may impact their privacy or enjoyment of their property.

All News & FAQs