Woman told to take down garden decking or face up to £20,000 fine

Woman told to take down garden decking or face up to £20,000 fine

A woman has been ordered to take down unauthorised riverside decking by the end of next month or face a fine that could reach up to £20,000. The enforcement action against Lesley Priestley of Dukestown Road in Tredegar was discussed at a meeting of Blaenau Gwent County Borough Council’s Planning committee on Thursday, October 3.

The council began its investigation after receiving a complaint about the decking in June 2021. In September 2023, an enforcement notice was served on Ms Priestley, who lodged an appeal with PEDW (Planning and Environment Decisions Wales) a month later in October 2023.

A Welsh Government planning inspector visited the site in August and rejected the appeal later that month. Enforcement officer Paul Samuels stated: “The raised decking was established as being in a flood zone and in a site of importance to nature and conservation.” That enforcement notice has now become effective from the date of the inspectors decision which was on August 28. “We are just awaiting compliance with that notice now.” This means that Ms Priestley has three months from that date to remove the decking.

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Earlier that week, the planning committee had visited a nearby site in Tredegar to help decide changes to the routes of footpaths. Committee chairwoman, Cllr Lisa Winnett, noted: “I noticed when we had our site visit it was still in situ.” The report was noted by the committee. For the latest Welsh news delivered to your inbox sign up to our newsletter.

In documents lodged with PEDW, Ms Priestley contested the enforcement notice, arguing that the decking should be permitted under development rights. Ms Priestley stated she had followed advice from Blaenau Gwent council’s website, asserting that as the decking would not exceed 50 per cent of her property’s size or raise the ground over 30cm, planning permission was unnecessary.

The owner described the request as 'unreasonable' -Credit:LDRS

The owner described the request as ‘unreasonable’ -Credit:LDRS

An inspector visited the site in August -Credit:LDRS

An inspector visited the site in August -Credit:LDRS

She added: “I feel that it is unreasonable of Blaenau Gwent council to request that the decking is taken down as it is deemed a flood risk as clearly this is not the case according to records.” Planning inspector H Davies, who visited the site in August, found no definitive evidence to suggest that the decking is within the residential area of the property, thus undermining the argument for existing permitted development rights.

Inspector Davies also observed that most of the decking surface is “well in excess” of 30cm above the ground. He concluded: “No permitted development rights apply and no planning permission has been granted so the raised decking constitutes a breach of planning control. Accordingly, the appeal on ground fails.”

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