stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
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Does anyone know about planning permission in Scotland?
We built some decking in May of this year and because of the slope of the back garden at it’s highest the deck is 0.8m above the ground.
In February of this year building control brought in new legislation to say that for decking over 0.5m you had to obtain planning permission.
We planned the decking in November 2011 and never thought to check it again.
Now the neighbour next to us is kicking off and contacting the council as we can see over the Fence that separates the two properties when we stand on the decking. (This is a fence we built and paid for btw – there was NOTHING there previously)
So, if the council bother over 30cm can I apply for planning permission retrospectively?
Or if the worst comes to the absolute worst can I just lower it by 30cm?
If they make me take the whole deck down I told her I’m taking the fence down too and if she is that bothered about her privacy she can pay for a new one 
Any help would be grand 
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sc0ott
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Registered: 16th Feb 09
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You need to complete the householder application form which can be downloaded from the eplanning scotland website regardless of the decking height.
Is your house bought?
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Daniel_Corsa
Premium Member
Registered: 21st Apr 04
Location: Wigton, Cumbria
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Can it be dropped 30cm at worst case?
Have you been in a few years? If so just say its been down since then!
My patio is in line with house but garden drops off so I can see over fence into next door but if I were to build a straight fence high enough at house the bottom would be huge!
Send them a dog shit in post useless bastards!
April '06' Corsasport Feature Car  | Aug '08' Total Vauxhall Feature Car | Spring '09' Fast Car Feature Car
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stuartmitchell
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Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
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Scot, thanks for the link pal! Will have a look just now. The house is bought. Funny thing is we plan to move in 18 months so may just drag my heels till then and leave the neighbour to look at my deck lol!
Daniel. I Reckon I could drop it 30cm if the worst came to the worst (which would really piss her off lol!)
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stuartmitchell
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Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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We have been in the house since November 2010 btw.
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sc0ott
Member
Registered: 16th Feb 09
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Tell your neighbour youre taking the fence down since you paid for it. She cant do anything about that.
Then make your householder application. If your gardens are open to each other decking isnt going to do anything to her privacy.
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stuartmitchell
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Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
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That is a cracking idea pal! I hadn't thought about going down that route lol! Cant wait to chap on her door and deliver that one lol!
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Toby
Premium Member
Registered: 29th Nov 05
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quote:
Originally posted by sc0ott
Tell your neighbour youre taking the fence down since you paid for it. She cant do anything about that.
Then make your householder application. If your gardens are open to each other decking isnt going to do anything to her privacy.
This just to wind her up. However her lack of privacy will not stop a planning application being required and i would imagine it would also mean she has a stonger case to object once submitted.
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Rob_Quads
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Registered: 29th Mar 01
Location: southampton
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I agree it would probably piss them off but doubt it would give them a stronger case. If there is nothing between the two gardens, and the deck only gives a different view into the garden then it should be OK. If it gives you the ability to look into their house etc then its a different matter (and removing the fence could work against you.
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John
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Registered: 30th Jun 03
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I'd fill the bottom bit in with 30cm of rubble.
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Ben G
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Registered: 12th Jan 07
Location: Essex
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quote:
Originally posted by John
I'd fill the bottom bit in with 30cm of rubble.
this.
if they say anything, ''it was like that when we moved in''.
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mwg
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Registered: 19th Feb 04
Location: South Lakes
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Yep deckings always been there
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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Thanks for the reply guys. Raising the existing Garden 30cm may be an option. Just raise it and re-turf? Maybe incorporate some steps or something?
Spoke to a builder on Sunday. He says that if the Council send us a letter. We are just to reply to say were working on lowering it - then not bother
Apparently the cooncil never chase this sort of stuff up as it's not worth there time.
In the meantime I've put some massive plants on the upper level and going to ducktape a few meerkats the fence just peeking over to really noise her up
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John
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Registered: 30th Jun 03
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I wouldn't even turf it, just fill it in, they won't be digging down to see how deep it is.
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stuartmitchell
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Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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Thats true mate! Looking forward to round 2 with the daft bint
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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Wee update
The daft bint has lodged an Enforcement Order with the Council for what she is calling an Unathorised Operational Development. Was submitted on the 1st August and it's still under consideration apparently!
So if the council do follow this up (unlikely) and ask me to modify it or take it down (unlikely) then the plan of action is as follows:
1) Respond to the council say were taking appropriate steps to make our decking "legal"
2) Not bother doing anything
3) Wait for her to kick off again and tell the council
4) Get another letter from the council
5) Advise were waiting on the joiner coming out
6) Do nothing again By which point i'm informed we'll roughly be 2 years down the line after all this
7) Move house as we were planning on doing in 2 years anyway
Going to wind her right up
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M2RTY
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Registered: 25th May 01
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Drag your feet, they wont have the staff to follow up on these in a years tome due to more cuts etc lol. Buy yeah just put 35cm gravel down and theres nothing they can do
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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Just had a new lawn put in mate thats raised it a bit but yeah just going to drag my feet until it's time to move.
I think she's signed off her work with depression now so this may push her over the edge
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daymoon
Premium Member
Registered: 1st Aug 08
Location: Selby, North Yorkshire
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quote:
Originally posted by stuartmitchell
I think she's signed off her work with depression now so this may push her over the edge
You evil bastard
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sc0ott
Member
Registered: 16th Feb 09
User status: Offline
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You can apply for a certificate of lawfullness (existing use) as well.
Here is an example which will be similar to yours. You can view the drawings which were submitted and approved. I recon youll need to apply for permission once the council start to get pissed off by your neighbours complaints. You doing nothing may make it worse.
http://publicaccess.argyll-bute.gov.uk/publicaccess/applicationDetails.do?activeTab=externalDocuments&keyVal=JPCAXGCH09Q00
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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Hi Scott,
Thanks for that mate. To get a Certificate of lawfullness I assume that my bitch neighbour doesnt get a say in whether that is granted or not? It would simply be an agreement between the coooncil and I?
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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quote:
Originally posted by daymoon
quote:
Originally posted by stuartmitchell
I think she's signed off her work with depression now so this may push her over the edge
You evil bastard
She is the scum of the earth mate
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sc0ott
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Registered: 16th Feb 09
User status: Offline
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quote:
Originally posted by stuartmitchell
Hi Scott,
Thanks for that mate. To get a Certificate of lawfullness I assume that my bitch neighbour doesnt get a say in whether that is granted or not? It would simply be an agreement between the coooncil and I?
Aye, basically the council will decide if you need to make a formal planning application or not.
Im sure they will send out neighbour notifications of some sort but it will be the planners decision. I doubt a bit of decking will fail to meet their guidlines.
Got any pics of the garden?
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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perfect. thanks for that mate. will have a look at that tonight. i've got pics on my phone I can upload to fb then onto here. Just never got round to it
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whitter45
Member
Registered: 15th Nov 02
Location: Norton
User status: Offline
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just be careful with the neighbour situation as if you piss her right off and you plan on moving she could be the neighbour from hell when you plan to sell for any prospective buyers
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