Homeowner Ordered to Dismantle Garden Decking Despite Pre-Existing Structure
A homeowner in Chepstow, Wales, is facing the daunting task of dismantling a significant portion of her garden decking after a ruling by local authorities. Belinda Klugah Cavil, 36, purchased her home for £295,000 two years ago, unaware that the two-level wooden decking, a prominent feature of the property, lacked the necessary planning permission.
Upon purchasing the property, Ms. Cavil believed the decking had been in place since the modern estate was built approximately 20 years prior. The decking, complete with flags and a curved patio sofa, was even showcased in the estate agent's listing, further solidifying her assumption that it was an established part of the landscape.
However, Monmouthshire Council received an anonymous tip suggesting the decking had been erected without planning permission only four years ago. This prompted an investigation into the structure's history.
Investigation Reveals Discrepancies in Decking's History
Ms. Cavil argued that the decking should be exempt from planning enforcement, as she believed it had been in place since at least 2003 or 2004, well beyond the ten-year threshold typically required for such exemptions.
To verify the decking's age, investigators scrutinized historical images of the property available on the real estate website Rightmove. Their examination revealed a crucial difference: the original decking, visible in a 2013 listing, had been significantly expanded. The council concluded that these additions were built without planning permission in May 2021, prior to Ms. Cavil's purchase of the home. Consequently, an enforcement notice was issued to Ms. Cavil in March of the current year, requiring her to remove the unapproved sections of the decking within six months.
Appeal Rejected, Enforcement Notice Modified
Ms. Cavil challenged the enforcement notice, appealing to PEDW, the Welsh Government's planning body, in an effort to preserve the decking in its current state. However, the independent inspector sided with Monmouthshire Council.
The inspector, Richard Jenkins, cited evidence, including screenshots from online property platforms, indicating a material difference in the size and extent of the decked area between 2013 and 2023. Aerial photographs further corroborated this finding, showing a clear expansion of the decking between 2020 and 2023.
Mr. Jenkins concluded that the evidence definitively confirmed the council's position: the decking had undergone substantial changes since the original structure was built. Therefore, it had not been in place for the 20-year period claimed by Ms. Cavil, and the decking was completed substantially before the date of immunity.
While the appeal was ultimately rejected, the enforcement notice was modified. The details of the modification were not specified.
The Broader Implications of Planning Regulations
This case highlights the importance of due diligence when purchasing property, particularly regarding structures or alterations that may require planning permission. While Ms. Cavil acted in good faith, assuming the decking was an established feature of the property, the lack of proper documentation ultimately led to the enforcement action.
The situation also raises questions about the effectiveness of planning enforcement and the potential for anonymous tips to trigger investigations. While the council is obligated to investigate potential breaches of planning regulations, the impact on homeowners who unknowingly inherit these issues can be significant.
This case serves as a cautionary tale for both prospective homebuyers and property owners, emphasizing the need for clear communication and adherence to planning regulations to avoid costly and disruptive enforcement actions.
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