Do you need planning permission for decking in Leeds?

Most decks built in Leeds gardens never need a planning application. The ones that do are nearly always raised decks on sloping plots, decks at flats, or decks in the parts of the city with extra protection. This guide sets out the rules as they apply in England, and the Leeds situations where people most often get them wrong.

The permitted development test

Houses in England have “permitted development” rights: a set of small changes you can make without applying. Decking falls under the rules for buildings and raised platforms in the garden. Your deck is permitted development only if all of these are true:

If any test fails, you need planning permission. The rules also differ for listed buildings, and where the council has removed permitted development rights.

Sloping gardens: the Leeds trap

Leeds is hilly. Gardens in Horsforth, Meanwood, Headingley, Rawdon and Calverley often fall a metre or more from the back door to the bottom fence. People naturally want the deck level with the door, so the frame gets taller as it goes down the garden.

The 30 cm limit is not an average. If any part of the deck is more than 30 cm above the ground beneath it, the deck as a whole is no longer permitted development. A deck that is 10 cm high at the house and 70 cm high at the far edge needs planning permission.

There are three common ways round this:

• Step it. Two decks at different levels, joined by a step or two, can each stay under 30 cm.
• Dig in at the high side. Cutting the ground back a little under the house end lets the frame sit lower throughout. This needs care with drainage and any retaining.
• Apply. A raised deck is a common householder application, and plenty are approved. Expect the council to look at overlooking of neighbours’ gardens and windows.

Once a deck is about 600 mm or more above the ground it should have a guard rail or balustrade, following the benchmark in Approved Document K. At that height you will need planning permission anyway, so the balustrade design goes in the same application.

Conservation areas in Leeds

Leeds has a large number of conservation areas, covering large parts of Headingley, Roundhay, Chapel Allerton, Far Headingley, and the old centres of villages such as Adel, Bramhope, Boston Spa and Thorner. Leeds City Council lists them, with maps, on its website.

A conservation area does not automatically mean you need permission for a low deck in the back garden. The national permitted development rules for decking still apply in most of them. What changes is:

• Anything at the side of the house is more restricted.
• Some streets have an Article 4 direction, which removes particular permitted development rights. Check whether your street has one.
• Trees in conservation areas are protected: you must give the council six weeks’ notice before cutting down or significantly pruning most trees, including roots that a deck’s posts might sever.

Flats, maisonettes and roof terraces

Flats and maisonettes do not have householder permitted development rights. Any deck, balcony or roof terrace at a flat needs planning permission, and in a block you will also need the freeholder’s consent. This catches out owners of converted Victorian houses in Hyde Park and Headingley who want to deck a shared garden or a flat roof.

For a balcony or roof terrace, fire safety matters too. Composite decking is combustible, which is why aluminium decking is the usual choice on balconies.

Listed buildings

If your house is listed, you may need listed building consent for a deck, separate from planning permission, especially if anything is fixed to the building. Leeds has a great many listed buildings, from farmhouses on the edge of the green belt to terraces in Roundhay. Talk to the council’s conservation team before you design anything.

New-build estates

Some new houses in Leeds have had permitted development rights removed by a condition on the original planning permission, and many have covenants in the deeds that restrict changes to the garden for the first few years. Check both before ordering boards. Your conveyancing solicitor’s report or the council’s planning records will show any conditions.

How to check with Leeds City Council

You have three options if you are not sure:

1. Read the government’s technical guidance. It has diagrams for most situations and is the document the council works from.
2. Use the council’s pre-application enquiry service. There is a fee, and you get written advice about your specific plan.
3. Apply for a lawful development certificate. This is a formal decision that your deck is permitted development. It is useful when you sell the house, because it answers the buyer’s solicitor’s questions.

If you do need permission, a householder application for a raised deck typically takes about eight weeks to decide once it is validated.

What happens if you build without permission

Building a deck that needed permission is not a crime, but the council can take enforcement action if a neighbour complains, and you may have to apply retrospectively, lower the deck or take it down. It can also slow down a sale. It is far cheaper to design within the limits, or apply first.

When you are ready to price a deck that stays within the rules, the composite decking Leeds homepage compares the boards side by side, and the cost calculator works out a typical fitted price, including steps and a balustrade if you need them.