planning permission for skateboard ramp dispute

[carlton jacobs]

Ive built a skateboard ramp for my son in the back garden, because of my neighbour on are left complained evan though she can't see or hear the ramp in use the council have said it has to be removed because its a raised platform and i should of got planning permission,

There is no platforms on the top either end.

Can i dispute the councils decision have it removed in court? ,what are my options?,the neighbour to are right agrees that it makes no noise and they can't see it.

the ramp at its highest point(the vertical bit) is 6.5 feet no higher than any of my neighbours out buildings.The flat part is only 6 inches of the ground.

The kent county council have given me 3 months to remove it or there starting court action,

A childs trampoline would have far more impact on are neighbours.

[renegadeimp]

raised platofrms only need permission if theyre above a certain height. Otherwise the council would mean that all sheds etc with a flat top need permission.

 

Can i ask if the council has actually been to see it? Or are they just going by neighbours reports?

[carlton jacobs]

Hi thanks for the reply,

Yes the council has been round,im afraid it didn't go well and it ended with me telling them to leave.

when they looked at it it did have to raised platforms either end ,they call these parts the deck .

in hindsight i didn't realise that my son going on top of the deck ends would cause a problem ,the council pointed out that these were raised platforms so i removed them both ends so now there is no platform either end.

[renegadeimp]

Well the council has seen and given their view. Sadly by you arguing, to them it would seem that you did it knowingly without permission and then wilfully refused to remove it, even going as far as becoming argumentitive/violent etc.

 

They have to apply the rules fairly, so its either take it down or face them in court.

[carlton jacobs]

No i did it unknowingly,

and removed it as soon as they explained in the letter about the raised platforms, also i asked them what modifications i could do to the ramp so it could stay,

i also asked them what size ramp you could have in a uk back garden without planning permission,

they didn't respond, it quite clearly states in the gov appeal notes that the council must give you advice about modification and work with me to find a solution which they have not.

What im asking is is there interpretation of the law or is it fact.

[Ethel Street]

Have a look at this summary of planning law

 

https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings

 

and the more detailed government guidance here

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606669/170405_Householder_Technical_Guidance__-April_2017_FINAL.pdf

 

It says that "verandas, balconies or raised platforms" require planning permission if the raised platform is more than 0.3 metres high. So that's presumably why your planning officer said it needed planning permission. Comparison with the height of sheds or garages isn't relevant as they are covered by different rules about their maximum height. This is just what I've found for you in 5 minutes online research, I have no special experience of this. I don't know why the rules for the maximum height for raised platforms are different from sheds. My guess is it's about neighbours' gardens being overlooked. People stand on "verandas, balconies or raised platforms" but not (usually!) on shed roofs.

 

They've told you they want the raised platforms removed within 3 months. Contact them and tell them what you've done and invite them to return and re-inspect the ramp as it is now and let you know if it meets their requirements. If they still say it needs planning permission you will be armed with the information on the Planning Portal link and ask them under which section your ramp is not a "permitted development"? [A "permitted development" is something you can build that does not require planning permission]

[carlton jacobs]

Hi

they want me to remove the whole ramp i removed the top decks as soon as they said they were the problem, no one has ever been up there, we asked the neighbour if my son could go up there ,she said no so we never allowed him up there.

evan though ive removed the top decks they still say its a raised platform,

ive invited them round to view it ive also asked them what i can do to make it legal in there eyes and ive also asked them what size ramp is legal in a uk garden without planning permission,

they've failed to reply,

i have tried looking it up but failed ,i shall try again and do what you've suggested.

thanks for your help.

[Ethel Street]

An alternative approach could be to apply for planning permission and if refused appeal on the basis that the structure as it now exists is not a "raised platform" and so is a permitted development. As far as I know (but I haven't checked this) there is no charge to you either to apply for planning permission or to make an appeal.

[GrumpyToSayTheLeast]

The fact he can ride to the top and back down means the entire structure would be seen as a raised platform.

[mariner51]

A skateboard ramp requires Gravity so removing the raised platform ends would make it a cr@p present for your son IMO.

I doubt any planning permission would be without a fee.