When planning permission is at a record low, it’s understandable that many people are tired of the subject. But behind the duller aspects of the red tape, lie important considerations that homeowners and businesses must heed alike. For instance, did you know that even structures like decking can have planning permission implications?
That’s right, there are a handful of regulations tied up in how your decking is built, which can add up, posing a real imperative for learning them. So whether you’re planning decking to go around a pool or a simple retreat for sunny barbeques, here are the rules you ought to know.
Decking planning permission: what you need to know at a glance
Good news! It’s unlikely that a regular garden deck will pose many issues when it comes to planning permission. In fact, as the rules concerning them fall under permitted development rights, you can absolutely add decking to your garden without seeking permission from the local authority. However, this is provided that you satisfy a few specific requirements, which are as follows:
- The decking must be no more than 30cm above the ground.
- Along with other extensions and outbuildings, it can’t cover more than half of the garden area.
- The deck shouldn’t extend past the property’s front wall.
An easy way of remembering this trio of requirements is to think: size, use and placement.
Are there any exceptions?
The main three rules we just covered are pretty simple, right? True, but it doesn’t end there. Sometimes you may have to weigh up a handful of additional factors. because there exist a few more restrictions that pertain to the surroundings of your property.
For the previous examples, you are unlikely to be prosecuted; however, the following rules are more likely to cause people to kick up a fuss if you break them. If you read our previous post on planning permission and sheds, you’ll see some similarities.
Additional decking planning restrictions to note
According to The Town and Country Planning (General Permitted Development) Order of 2015, you need to obtain planning permission if:
· The decking you build impacts the value or privacy of a neighbouring property.
· The deck sits within a National Park, Area of Outstanding Natural Beauty or another conservation area. Here, outside of your home, the maximum allowed area beyond 20 metres is limited to 10 square metres.
· Similarly, the decking falls within the curtilage of listed buildings.
What about building regulations?
When it comes to the tangential topic of building regulations, the same care and consideration should be given, even if your deck looks safe to use at a glance. What you must heed is this: any decking structure that needs planning permission is also subject to building regulations.
A common example is that decking over 30cm in elevation must have a balustrade with a handrail at least 110cm from the ground under the IRC Deck Code Requirements. While these restrictions initially seem to curtail a builder’s creativity, think again. Adding balustrades and other safety features allows you to play with the design opening up so many opportunities to add visual intrigue.
Building regs are a thorny subject with many details that can make your head spin, so don’t hesitate to reach out to your local building control body (BCB) to help you check the building regulations or apply for approval. You can access these resources via your council or through a private approved inspector. There’s also the Timber Decking and Cladding Association (TDCA), who publish a technical bulletin that goes over everything planning and consent for private decks in the UK.
How to obtain planning permission
Now, as you’ve been reading this, the cogs in your mind are probably whirring in the background; ticking off any restrictions that apply to your circumstances; and weighing up your options. Perhaps you’ve got an expansive decking project in the works and need to apply for planning permission after all. Don’t fret, here’s how to obtain it stress-free.
Step 1: Contact your local planning authority via your council
The first step in your decking planning process is to reach out to your local planning authority through your council. If you’re uncertain of how to get hold of them, you can find details through this portal on the government website.
Step 2: Provide the details
To kickstart the next phase of the process, you need to navigate to the right page on your council’s website – they should have a dedicated planning permission page containing details of the application procedure.
While you can get in touch with the council via phone, email or in person, by far the quickest and most streamlined approach is using their online form/portal. Do note that some applications may require a small fee.
Fill out all the fields provided in the application form, providing as much accuracy as possible. You can also use the interactive guides and online advice on ‘permitted development’ provided to determine whether you need to obtain permission.
Step 3: Submit and wait for a response
Now all that’s left is to wait. Your LPA will look at the following criteria to make a decision about your case:
- The number, size, layout, placement and external appearance of buildings
- The available infrastructure
- Any landscaping requirements
- The intended use of the development
- The potential impact of your development on the surrounding area from environmental to social
In most instances, you should receive a response within 8 weeks’ time, but it may vary depending on the complexity of your overall project.
Step 4: Appeal (if necessary)
If you hear back from the LPA and find out that your application has been rejected, you may want to appeal. If not, though, you can always adjust your project to align with the stated requirements.
Here are the circumstances in which you’re allowed to appeal such a decision:
- Planning permission was refused for reasons that you think go against the LPA’s development plan or planning policy (available on their website).
- When you’re granted planning permission with conditions that you object to – here you need to explain why you believe these conditions are unnecessary, unenforceable, vague, unreasonable or irrelevant.
- When the LPA has provided a decision on your application and eight weeks have passed since they acknowledged receipt of it (or any other agreed deadline has passed). In this case, you may need to take further action.
For major projects, an appeal can only be made if 13 weeks have passed, but for decking, this isn’t relevant. If you’re feeling a bit unsure, don’t hesitate to reach out to your Local Planning Authority. They’re there to help, so it’s a good idea to check in with them before you start laying your decking.
Tips for avoiding decking planning problems
Just like installing a fence or, indeed, any other garden feature that might impact your neighbours, it feels so much better to avoid conflicts of interest from the get-go. If you empathise with this sentiment, you might want to take on board these final tips.
To avoid planning issues overall, you might want to:
- Consult your local council planning department prior to building more complex decking structures (simple, low-level decks should be fine) to confirm whether approval is needed right away.
- Reach out to your neighbours before undergoing a big project, so they are made aware. After all, the most common reason approval is refused is due to neighbour objections.
Of course, these are both optional suggestions, but if you do want to steer clear of conflict partway through construction it’s a good idea. Particularly as if you’re found out, you can be served an ‘enforcement notice’ ordering you to undo any offending changes.
Better safe than sorry
And there we go, everything you need to know about decking planning permission, so you can build a charming garden structure that ticks all of the boxes from compliance to safety.
Ready to proceed with your project? Then, don’t forget to have a look at our complete range of decking materials and accessories. As the UK’s leading timber supplier, we have plenty of options up our sleeve from traditional wooden decking to contemporary composite.
