Permitted development rights allow the erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse. In summary, the effect of the limitations is that:
- decks are generally located to the rear
- the height of the floor level does not exceed 0.5 metre
- the total height of the deck, including any attached structure does not exceed 2.5 metres
If the deck, or raised platform, is in a conservation area or within the curtilage of listed building the maximum size of the deck, or raised platform, is 4 square metres. There are no permitted development rights for flats.
A building warrant from the local authority may be required for the deck or other raised platform, as explained in Section 2.
If the deck, or raised platform, exceeds any of the following limits then an application for planning permission is required.
Decks cannot be forward of a wall forming part of the principal elevation or side elevation if that elevation is fronting a road. The identification of the principal elevation and side elevations are discussed in paragraphs 3.2 - 3.6, whilst fronting a road is discussed at 3.7 - 3.10.
This is illustrated below, the shaded areas of the curtilage indicate where an extension is permitted as long as the other limitations are met.
The maximum height of the platform of the decking is 0.5 metre. The total height if, for example screens are attached, is 2.5 metres.
When measuring the height of the deck on sloping or uneven ground, the height should be measured from the lowest point immediately adjacent to the decking.
The size of decking in conservation areas and within the curtilage of listed buildings is restricted to 4 square metres to be permitted development.
Planning authorities will be able to confirm whether a property is located within a conservation area. Information on listed buildings is available from www.historic-scotland.gov.uk/historicandlistedbuildings or www.environment.scotland.gov.uk.
(1) The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.
(2) Development is not permitted by this class if-
(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;
(b) the floor level of any part of the deck or platform would exceed 0.5 metres in height;
(c) the combined height of the deck and any wall, fence, balustrade, handrail or other structure attached to it, would exceed 2.5 metres; or
(d) in the case of land within a conservation area or within the curtilage of a listed building the deck or platform would have a footprint exceeding 4 square metres.