Hauled to court – for having tall decking!
Mother has to lower garden feature by 16 inches
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.’