Home owner keeps decking after concerns over planning rules

Twm Owen – Local democracy reporter

A home-owner used an aerial photograph to ensure he can keep his garden decking after concerns of potentially falling foul of planning rules by 50 centimetres.

Gareth William Leek also dug out old photographs dating back to August 2017, when the raised wooden platform was constructed, and got a statement from a neighbour to support his claim it had covered part of his garden at St Augustine Road in Griffithstown, Pontypool for more than four years.

Planning

Mr Leek applied to Torfaen Borough Council for a certificate of lawful development as he said he hadn’t realised, in 2017, that decking more than 30cm above ground level would have required planning permission.

The council planning department said the 4.84m wide, and 3.82m long, light grey composite decking is 0.83cm from the ground level, meaning it is just over half a metre over the height that requires planning approval.

Planning officer Simon Pritchard said the council accepted the evidence put forward by Mr Leek which included a Google Earth aerial photograph from June 2018.

The application stated the decking had been completed in October 2017 and the neighbour said it had been in place since at least 2019 when they moved to St Augustine Road.

Evidence

Mr Pritchard said the council didn’t have any evidence itself, or from anyone else, to contradict the information provided and no reason to dispute the decking hasn’t been “substantially completed for less than four years”.

As a result, Mr Pritchard’s report stated, the application is now immune from enforcement action and considered lawful and the department has granted the certificate.