couple ordered to remove terrace in council planning wrangle
angry Burnham-On-Sea couple have been ordered to remove a sun
terrace outside their home which Sedgemoor District Council says
is breaking planning rules.
and Ann Nicholls initially built the wooden decking area in 2012
on a flat roof above their kitchen, pictured here, at the rear
of their home in Burnham's Oxford Street.
don't have a garden and simply wanted to create a little outside
area as a sun trap with a few flowers and a table and chairs,
especially with my husband's poor health," Ann told Burnham-On-Sea.com.
doesn't effect anyone else and is built entirely on our own property."
the couple have endured 18 months of council discussions which
have ended them in being served with an enforcement notice to
have the decking removed.
explained: "We were told back in 2012 by the builder that
we wouldn't need planning permission because it was a small change
to our own property, but a year later a planning officer from
the District Council noticed the changes while walking along a
lane at the back of our property and told us that we would in
fact require permission."
came as a shock to us, but we applied for retrospective planning
approval from the council, as suggested, to try and resolve the
situation. However, this was turned down on the grounds that the
decking broke local planning guidelines, partly because nearby
properties could be overlooked. In fact, we have letters from
our nearest neighbours saying they have no objections."
couple appealed against Sedgemoor's decision by submitting a formal
application to The Planning Inspectorate last autumn, but that
bid was dismissed.
they have been ordered by Sedgemoor District Council's enforcement
team to remove the decking by November.
are very disappointed by this decision - we've spent almost £5,000
on the decking and the ongoing action and will soon have to spend
more to have it removed unless the council reconsiders,"
very upsetting this has happened when there are other properties
in Burnham with similar decking that have been approved."
Sedgemoor District Council spokeswoman told Burnham-On-Sea.com:
"The unauthorised decking at first floor level cannot be
reasonably mitigated by 1.8metre high screening. This
results in an unacceptable level of harm to the amenity of neighbouring
residential properties and is inappropriate to the character of
the area. The application is therefore contrary to Policy D16
of the Sedgemoor District Core Strategy."
couple are now considering their options after the council's notice