Resident wins planning battle after decking built without Glasgow council permission

A resident has won a planning battle to keep garden decking and a summerhouse in Glasgow’s East End after they were built without council permission.

The local authority refused planning consent for the unauthorised outbuilding and decking in October after officers found they had been constructed without consent and overlooked neighbours’ homes.

But councillors overruled that decision, allowing the back garden features to remain in place at the Nairnside Road flat in the Robroyston area – despite privacy concerns.

Speaking at the local review committee, Councillor Paul Leinster said: “It is always disappointing when people go ahead and do things like this without applying for consent in the first place but I think we can allow this one.”

Committee chair Ken Andrew said: “I think with a slightly heavy heart, we are going to grant this application subject to three conditions.”

Stating that when the building is “in situ” it is more “challenging”, councillor Andrew added: “I’m not terribly happy with the design and appearance of what they have created in this back garden.”

He pointed out how the “extension has a flat roof, unlike the original cottage flats, which will have a pitched roof”.

However, deciding to approve the bid, he said proposals to screen the decking should address overlooking issues.

But councillor Martha Wardrop disagreed and wanted to knock back the application, saying: “I don’t think we should encourage people to go ahead with work like this. They should have come to the department seeking guidance.”

Applicant Robert Langan, who lodged an appeal over the council’s refusal, was unaware he needed permission according to his planning application submitted retrospectively.

Council officers originally refused the bid for a number of reasons, including privacy issues, as the raised timber deck “allows for panoramic views towards neighbouring properties” and the structures were not in accordance with the development plan.

The appeal lodged on behalf of Mr Langan against the refusal said: “In regard to the above application, we believe suitable mitigation measures have been proposed which will eliminate or diminish issues of overlooking.

“These include the reduction of decking size and the addition of screening/ planting of mature trees and plants around the existing decking.”

The appeal statement added: “Further mitigation measures can be introduced to the rear of the garden by way of further planting of mature trees, which would almost eliminate overlooking and offer protection to properties to the rear by creating a natural screen.”

The council were pursuing enforcement action over the decking and garden room, which were built in 2021, according to a report.

The application was granted subject to conditions at the planning local review committee yesterday.