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Thank you for the initial reply. Having looked at the local council website I am aware of the 30 cm decking rule which, as you say, sounds encouraging from my perspective.
What I would appracite some further detailed guidance on however is the laws view on an individuals 'right to privacy' - I believe the 30 cm decking rule is partly designed to help police this issue?
Secondly I have been informed by friends who have had similar boundary disputes over the years that there is nothing to stop me planting a screen of trees on my side of the boundry line, and that furthermore there would be no height restriction on the trees provided that I maintain them well and ensure no branches overhang the boundary. My understanding of this is that an individual does have a right to privacy, but that a right to a view and light does not exist?
Please could you confirm my position re:
- right to privacy
- right to plant a tree screen (specifically height and the particular details re: right to a view and right to light).
Thanks in advance.
That is helpful, thank you. My final queries are as follows:
- The property erecting the decking is council owned (mine is not). Presumably in a way this is helpful as I can take the matter directly to them rather than needing to deal with the current tenants?
- Confirmation that the anti social behaviour act of 2003 only applies to hedging and leylandii, and not all evergreen trees?
- Presumably the 30cm decking height rule was specifically set so that even if it were erected next to a 6ft (180 cm) fence the effective height of the fence boundary would still be at least 150cm and therefore above the eye line of most adults?
- I cannot believe under any circumstances people would have a legal right to erect decking which then granted them a viewing platform over a private garden. To me, this is simply ludicrous and something I have never seen in any neighbouring/friends/family garden - please can I get you specific view on this.
- Finally what would you recommend as my next course of action? Clearly contacting the council and their planning department, but would it be worth making contact with either/both a local legal specialist and someone from the RICS (Royal Institute for Chartered Surveyors). The RICS involvement was the advice from the citizens advice bureau but I wanted to understand if this was of value legally?
Thanks and kind regards,