Homeowner Triumphs Over Council in Garden Decking Dispute Using Google Earth Evidence

Gareth Leek, a homeowner in Pontypool, Gwent, faced a challenging situation with local planning officials regarding his elevated garden decking, which had been a cherished feature for eight years. The council argued that the decking exceeded the permissible height, necessitating provisional consent. However, instead of conceding to the council’s demands, Leek turned to technology for support.

By retrieving satellite photographs from Google Earth that dated back to June 2018, Leek was able to verify that his decking had indeed been in its current form for the requisite four years, granting him legal standing to keep it. A supporting statement from a neighbor reinforced his claim, affirming the decking's presence since at least 2019. At the planning hearing, officer Simon Pritchard reviewed the evidence and confirmed there was no justification for questioning the validity of Leek’s claims. Consequently, he granted approval for Leek to retain the decking, noting that it was now beyond enforcement action by the council.

In a contrasting case, Colin Thomas, another homeowner, was not as fortunate when facing the council regarding his own decking and extension. He attempted to argue that these structures had been in place for over four years to evade retrospective approval requirements. However, Google Earth and Street View images from September 2020 undermined his assertions, illustrating that the structures were absent at that time.

Planning officer Thomas Wild concluded that the rear extension and decking were constructed within a timeline that did not meet the four-year requirement for immunity from enforcement. Although Thomas's original decking did achieve immunity by 2016, the subsequent replacement was found to significantly differ in design and size, leading to a ruling against him. Dorset Council, after reviewing the available evidence, determined that the new, larger decking represented a clear violation of planning regulations, indicating that any previously accrued immunity had been forfeited with the removal of the original structure.