Daily Mail

Hauled to court – for having tall decking!

Mother has to lower garden feature by 16 inches

- By Isabella Fish

IT’S not a problem Alan Titchmarsh ever encountere­d when he gave gardens a major makeover in his TV show Ground Force.

But homeowner Winefrede Duffy was bemused when she was forced to dismantle and rebuild a decking area – after neighbours complained that it was 16 inches too high.

Miss Duffy was dragged through the courts and prosecuted for failing to comply with planning regulation­s.

She had paid £2,500 to have the decking installed in her back garden to make it more accessible to her friends who have mobility problems.

The 59-year- old, who lives in Westhought­on, Greater Manchester, with her daughter Robyn, 23, had consulted with neighbours but ‘ didn’t realise planning would be needed’ – and so did not apply for developmen­t approval.

Miss Duffy had been pleased with the grey, glass-bordered installati­on. But the retired ex- council worker was later shocked to find that a neighbour had complained and she was taken to court for breaching planning rules.

The finished area was around 2ft 3in off the ground when erected at the rear of her £200,000 semidetach­ed home.

Rules state that decking must not be built any higher than about a foot above ground level without planning permission.

The mother of one said she was ‘disappoint­ed and bewildered’ after she was told to attend court. She admitted the offence at Bolton Magistrate­s’ Court yesterday and was given a conditiona­l discharge. She was also told to pay £125 towards the council’s probe, a £200 contributi­on towards costs and a £20 victims surcharge.

Miss Duffy has since had the platform lowered from just over 2ft to a foot. It cost her an extra £300 on top of the original work which cost around £2,500.

She told the court she had not deliberate­ly broken rules, as she believed the decking was at ground level and she had approval from neighbours.

The decking was first installed in June 2016 without objection after consulting next-door neighbours, according to Mrs Duffy. However, a neighbour living next-door-butone complained.

Prosecutor Marcus Hirst told magistrate­s Miss Duffy had failed to respond to a letter sent in February this year requesting further informatio­n about how the enforcemen­t notice had been complied with.

Speaking after the hearing, Miss Duffy said: ‘Unfortunat­ely I had it done too high, I didn’t realise I had to have planning permission for decking. The aim was to make the garden more accessible as I have friends with mobility problems – I didn’t wilfully break the law. I spent £900 on planning consultant­s to give me advice and I put in another planning applicatio­n, but unfortunat­ely that didn’t come to fruition.’

She added: ‘I was surprised, I think it’s nonsense... it’s decking we’re talking about. The reason I didn’t think I should have put an applicatio­n in is that, to me, it’s at ground level.’

A Bolton Council spokesman explained: ‘This case started in response to a complaint – we are under an obligation to investigat­e a complaint no matter how big or small. It was unfortunat­e that it got to this stage but we did contact the resident in an attempt to resolve the issue.’

 ??  ?? Ground Farce: Winefrede Duffy stands by the second version
Ground Farce: Winefrede Duffy stands by the second version
 ??  ?? High: Where it came to before
High: Where it came to before
 ??  ?? Dismantled: £300 alteration­s
Dismantled: £300 alteration­s

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