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JamesI
JamesI, Developer
Category: Home Improvement
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Experience:  I have a portfolio of renovated houses, including DIY projects from installing bathrooms and new heating systems to rewiring.
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Can level my garden ( the garden falls slightly from left to

Customer Question

can level my garden ( the garden falls slightly from left to right by about 300 mm )
then as it gets closer to the rhs fence it slopes down and drops off by 900 mm which im looking to build a retaining wall and if allowed.
my 2 questions are as follows............
1/ do i need planning permission add 300 mm of earth including turf ?
2/ do i need planning permission to fill in the rhs 900 mm drop off with a retaining wall ??
cheers
garry
Submitted: 9 months ago.
Category: Home Improvement
Expert:  JamesI replied 9 months ago.

Hi Garry, thank you for contacting JA, my name is ***** ***** I will assist with your two queries today.

1. In the majority of cases you do not require planning permission for adding earth and turf, the exceptions are where you have specific restrictions such as a listed building, shared garden, specific covenants in your property deeds, but these are very rare, and owners would normally have been made aware by their solicitor at the time. Since what your doing is not going to cast a shadow on surrounding areas, or pose a health and safety risk to members of the public or changing the use of the space you do not require planning permission.

2. You wouldnt need planning permission or building control as the wall is less than 1M high (but if it was over 1M it would only be applicable if it was going to be next a footpath \ road), your not changing the property boundary, or building a wall higher than existing fences. However you may wish to check this page here, to make sure it meets expected standards in terms of the thickness etc.

Please let me know if you need anything clarified.

Regards

James

Customer: replied 9 months ago.
hi
thanks for the reply,
yeah i dint think i would have a problem as you can fit decking up to 300 mm without planning permissioni think you understood the 1st question but im not sure the 2nd question has been understood ( i might not be explaining it properly )the garden falls from left to right at a very slight gradient then it slopes off steeper as it gets closer to the rhs fence, ( by about 900 mm from the highest part of the left hand side garden, )
the bottom of the slope on the rhs is the ground level of the neighbour
the fence to the rhs is 4 foot, so if i was to level the garden retained by a retaining wall, you wouldent see the retaining wall as my turf would just sail over the top, and only see the top 1 foot of the 4 foot fence ( so looking from the neighbours side it would look like you were standing almost on top of the fence!
would this be allowed !!!???
cheers mate
garry
Expert:  JamesI replied 9 months ago.

Hi Garry,

Technically raising your garden platform above 300mm (using earth, decking or other structure) would need planning permission.

Since you looking at 900mm you would need planning permission, however not for the wall, but for the additional earth used in backfilling the wall, by the sound of it, from the front of the garden your already have clear viability over the rear garden fence (as your up the hill), the only likely objection I can foresee would be regarding water run off, but thats just a case of having a soak away.

Alot of this is common sense, every council is different in most cases they will write back and advise you do not need need planning as the ground your 'levelling' makes up 5% of the total space, however its worth talking to your neighbour first as its your neighbour who will raise concerns to the planning authority, and push them do do something.

In summary you do need to notify planning, but its within the Council's discretion to sign off on what your doing without a formal planning application.

JamesI, Developer
Category: Home Improvement
Satisfied Customers: 998
Experience: I have a portfolio of renovated houses, including DIY projects from installing bathrooms and new heating systems to rewiring.
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