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decking a building extension

Postby designic » Mon Apr 06, 2009 9:29 am

Our neighbour has erected a deck onto his building extension. We live in a mid terraced house and have a sloping garden. As a result the deck is about five foot off the ground and our neighbours can look directly into our garden and back of our house! Would he have needed planning permission to do this, and what help can we get as we now have no privacy at the back of our house. thanks.
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Postby rosebery » Mon Apr 06, 2009 11:15 pm

Probably not for the deck but they may have had to have PP for the extension.

In any event if you are mid-terrace and the extension goes all the way across the back of the house it is inevitable that there would have been excavation adjacent to your property and in that event you should have received a Notice Under The Party Wall Act giving you the opportunity to agree to the proposed work or to object.

Did you receive such a Notice? (such being independent of PP or Building Regs BTW.) However the Act contains no enforcement provisions for failure to serve notice.

Its arguable about the deck. A fence doesn't come under the Party Wall Act and if the deck is wholly on his side of the fence there may be nothing you can do about it.

Have you tried talking to the neighbour amicably?

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Postby rosebery » Wed Apr 15, 2009 6:14 am

Further to previous posts in this thread The Architect has provided a link to a very useful publication in this thread. ... highlight=

which would indicate that height and privacy issues arising may well have required planning permission.

However, I still think your path to resolution lies along the "talk to the neighbor about it route" initially.

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