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Gareth William Leek, a homeowner from Pontypool, Torfaen, found himself in a planning permission dispute with the council regarding the decking he had built in his garden. The issue arose when it was discovered that the decking was approximately 50cm (20in) too high off the ground, requiring planning permission for structures exceeding 30cm (12in) in height. Despite the belated requirement for a planning application, local authorities are typically required to take action within four years for most developments.
In an effort to resolve the dispute, Mr. Leek utilized Google Earth to provide evidence supporting his case. A planning officer ultimately determined that there was no reason to believe the decking had not been “substantially completed” within the last four years, leading to the approval of Mr. Leek’s certificate of lawful development. The application indicated that the decking was finished in October 2017, with a neighbor testifying that it had been constructed by at least 2019.
To further bolster his case, Mr. Leek presented old photographs dating back to August 2017, showcasing the construction of the raised wooden platform. The council’s planning department noted that the light grey composite decking, measuring 4.84m wide and 3.82m long, was located 83cm above ground level, surpassing the 30cm threshold for planning approval. Despite the discrepancy in height, the evidence presented by Mr. Leek, including a Google Earth aerial photograph from June 2018, was deemed sufficient by planning officer Simon Pritchard.
In light of the lack of contradictory evidence, the council accepted Mr. Leek’s documentation and granted him the necessary certification for the decking in his garden. This outcome highlights the importance of thorough documentation and evidence in resolving planning disputes effectively
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