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Neighbours new balcony.....

17 replies

Purpleraiin · 15/11/2023 10:44

Our houses are laid out weird. We are terraced over 4 floors, living rooms at the back, above ground level as we have cellars underneath, so to get into our gardens we have steps going down from our back doors in the living rooms. My newish neighbour has recently installed a decked area on stilts/ balcony. It comes right upto the boundary line and possible over by a few inches into my garden but that's another matter. Our living room windows end right at the ajoining wall, so right next to the boundry line, or right next to her new balcony. Whats peeing me off now is anyone who stands on that balcony can see straight into my living room, she's got workmen round almost daily who are always out there and keep catching them glimpsing in, as well as doing it herself then scurrying off when she sees me sat here. Now I'm dreading summer when it's in full use. The balcony floor also sits about 4ft high against my 6ft fence, so ive also got the issue that when they are out there On the balcony, standing or sitting, they can now see directly over my fence and onto my patio. I have now got no privacy in my living room or my garden. Does anyone know if this is legal?

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BlockadeRunner · 15/11/2023 10:47

A quick google show planning permission is needed in almost all cases unless a Juliet balcony. So get on to your councils website and look for planning applications.

Collaborate · 15/11/2023 10:49

This will I should think qualify as decking, and as such can only be a maximum of 30cm above the natural ground level without the need for planning permission.

For that you can ask your local planning authority. Loss of privacy is a valid complaint. That does mean they will ask them to demolish it, but they might.

You also have a remedy over the trespass and for that you should see if you have legal expenses insurance.

PinkRoses1245 · 15/11/2023 10:49

As PP said, highly likely she would have need planning permission. Check council website for this. And sympathies, I'd hate this. We swerved an otherwise perfect house because of the same set up.

Winwit · 15/11/2023 10:49

Report to the planning dept at the council. They will tell them to take it down because they don’t have permission.

Purpleraiin · 15/11/2023 10:50

BlockadeRunner · 15/11/2023 10:47

A quick google show planning permission is needed in almost all cases unless a Juliet balcony. So get on to your councils website and look for planning applications.

I did have a quick Google to see if i could find out there but tbh I'm not that great at understanding things like this 😅 it's defiently not a juliet balcony though. I'll have a look for planning applications. Do neighbours not receive notification if a planning application has been put in?

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Seeline · 15/11/2023 10:59

Definitely requires planning permission if you are in England (possibly different rules in other parts of the UK).

Neighbours do not necessarily receive a letter about planning applications, but if the Council doesn't send letters they have to display a public notice on/near the application property advising of the application.

You can check whether an application has been received by searching on the planning pages of the Council website. There is usually a 'search for/comment on planning applications' page that you can enter in the address or postcode so search.

If there is no record of a planning application, report it to the Planning Enforcement team. They can require the structure to be removed or altered, and /or a retrospective application to be submitted. You will then be able to comment on that application.

Purpleraiin · 15/11/2023 11:00

Thank you for the replies. Its defiently above 30cm off ground level, my fence is 6ft, and the floor level of the balcony sits higher than half way so at minimum I'd say its 4ft high, and measures about 2.5 meters by 3 meters with the shorter side running along the boundry. I'm really peed off tbh as we've had no issues since they moved and have actually been really nice and always knocked the door to warn of any work coming up. But with this I knew nothing about it til the carpenter knocked my door asking to take my fence down for work he was doing. She'd buggered off on holiday and didn't return until after it was completed so I couldn't Evan go and speak to her about it before it began. I did speak to the carpenter but its obviously not him causing the issue. He actually told me that they wanted to chop MY fence in half length ways as the neighbour was concerned it would look silly against her spindles running along the boundry line!!!! That would have reduced my privacy Evan more!!

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Purpleraiin · 15/11/2023 11:02

Seeline · 15/11/2023 10:59

Definitely requires planning permission if you are in England (possibly different rules in other parts of the UK).

Neighbours do not necessarily receive a letter about planning applications, but if the Council doesn't send letters they have to display a public notice on/near the application property advising of the application.

You can check whether an application has been received by searching on the planning pages of the Council website. There is usually a 'search for/comment on planning applications' page that you can enter in the address or postcode so search.

If there is no record of a planning application, report it to the Planning Enforcement team. They can require the structure to be removed or altered, and /or a retrospective application to be submitted. You will then be able to comment on that application.

Thank you. I'll have a check in a second On the councils website. We have public notices tied to lamp posts quite often round here. I always see them walking the dog daily and will always stop to read them but I've definetly not seen one for this.

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SM4713 · 15/11/2023 11:03

Yes, neighbours normally do get notification of planning in neighbouring properties- at least, that is what happened when we applied to planning.

I agree, ring the council if you can't check online. IF they somehow DO have planning, a barrier should have been put up to prevent them peering in. My mum had planning for a balcony approved, BUT, she had to install slatted privacy screens at either end. They let some light in, but no one can hang over the sides and look out.

This is a fence and not her screening, but something similar. Hopefully though- they didn't get planning and it will be taken down!

Neighbours new balcony.....
Purpleraiin · 15/11/2023 11:10

SM4713 · 15/11/2023 11:03

Yes, neighbours normally do get notification of planning in neighbouring properties- at least, that is what happened when we applied to planning.

I agree, ring the council if you can't check online. IF they somehow DO have planning, a barrier should have been put up to prevent them peering in. My mum had planning for a balcony approved, BUT, she had to install slatted privacy screens at either end. They let some light in, but no one can hang over the sides and look out.

This is a fence and not her screening, but something similar. Hopefully though- they didn't get planning and it will be taken down!

See this is the thing, I don't begrudge them having the balcony, we have an amazing view at the end of our gardens and I'd do the same if I could. But there is no way in hell I'd do it without making sure privacy was respected.

They could easily put up a fence like what you've posted and it wouldn't Evan affect lighting either so that wouldn't be a concern. But judging by what the carpenter told me, it sounds like they want nothing at all running the length of the boundry line side as she thinks it would look funny against her spindles. There's just been no consideration and I really don't understand it as she has been so considerate with informing me of building works and noise up until this. It comes across like she knew this would cause an issue so actively avoided mentioning it to me.

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SM4713 · 15/11/2023 11:12

I forgot. My mums balcony and planning was abroad, but it might be similar in the UK. Part of the planning, included pics taken from the adjoining neighbours properties which the council had taken. They then superimposed the new balcony to demonstrate how much loss of view each neighbour would have. As a result of 1 side complaining, the balcony projection had to be reduced. It was all part of the planning pack and very comprehensive.

On a UK property we had, they had to conduct a light survey to show what reduction of light we'd receive if a neighbouring property added another 3 floors! From memory, light reduction to a living room or kitchen is deemed more detrimental than say a bedroom.

The loss of view and light are another 2 factors (in addition to lack of privacy) to tell the council about, and possibly add more weight for having it removed. Any chance you could speak to the neighbour on the other side and see what they know about it.

JohnLapsleyParlabane · 15/11/2023 11:27

I have recently built something almost identical. We had to go through a massive planning process and install a frosted glass screen to protect our neighbors privacy - that had to be specifically approved which took weeks! - I think you're in with a good chance of the council making them take it down or at least adapt it for privacy.

Purpleraiin · 15/11/2023 11:31

SM4713 · 15/11/2023 11:12

I forgot. My mums balcony and planning was abroad, but it might be similar in the UK. Part of the planning, included pics taken from the adjoining neighbours properties which the council had taken. They then superimposed the new balcony to demonstrate how much loss of view each neighbour would have. As a result of 1 side complaining, the balcony projection had to be reduced. It was all part of the planning pack and very comprehensive.

On a UK property we had, they had to conduct a light survey to show what reduction of light we'd receive if a neighbouring property added another 3 floors! From memory, light reduction to a living room or kitchen is deemed more detrimental than say a bedroom.

The loss of view and light are another 2 factors (in addition to lack of privacy) to tell the council about, and possibly add more weight for having it removed. Any chance you could speak to the neighbour on the other side and see what they know about it.

She's never there. She bought the house late last year but it's as if she doesn't Evan live there. She only seems to appear at about 11pm when we hear her banging about the bedroom so I'm mot sure if she's working shifts or something maybe. The one time she was here she was stood on the balcony with a workman and both were right on the boundry line side with their backs to my house. The pair of them turned round and were staring right into my living room, it was night time so I was sat here in my pj's also not very well and just had the pair of them stare straight in. I think it took them a minute to realise I was actually right there and could see them, as soon as they caught my eye the pair of then moved away quickly and I heard her say to the workman very loudly, ' and my priority is having something put along here to protect the neighbours privacy as well as its not fair on them.' My window was open so she knew I would hear this comment, this was almost 2 months ago and she's had workmen and gardeners round almost daily since then, yet not a single thing has been done. Ive asked a couple of the workmen about it and none have been aware of any plans to sort the privacy. That's made me feel she just made that comment in the moment for my benefit seen as i caught them staring in and she knew I'd hear it. If it was such a priority for her she would have got one of the workmen on it surley.
By the time my partner had come down and gotten his shoes on and got round there, nobody was there. She seems to appear for a few minutes to talk to workmen then vanishes again. I could put a note through the door but god knows how long it will be til she's here next. In the meantime I'm sat here with my curtains shut again 😒

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Purpleraiin · 15/11/2023 11:38

JohnLapsleyParlabane · 15/11/2023 11:27

I have recently built something almost identical. We had to go through a massive planning process and install a frosted glass screen to protect our neighbors privacy - that had to be specifically approved which took weeks! - I think you're in with a good chance of the council making them take it down or at least adapt it for privacy.

Thank you! That's helpful! I'd love for them to be able to keep it as it's obviously cost them a fair bit and i completely understand why they want it. But this just takes the pee now, I've had almost 2 and half months of sitting with my curtains closed pretty much daily.

I have a lifelong health condition and some days struggle to Evan get dressed as well as keep on top of everything. I really don't want loads of different people peering in at me sat in my pj's all day with my overflowing basket of ironing and empty cup on the side. I wouldn't let people I know in my house like this out of worry of being judged, so I defiently don't want strangers looking in and seeing it.

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SM4713 · 15/11/2023 11:50

Any chance you could speak to the neighbour on the other side and see what they know about it.

I meant, can you speak to the neighbour on the other side to the one building the balcony thing. presumable they too will have the same privacy issue if the balcony goes right across the width of the property.

ElliePhant28 · 15/11/2023 11:51

The next time there's someone out on the balcony take a photo so you have some evidence.

Would a solution be that they drop the balcony level to ground height? Why is it half way up the fence?

I'd get in touch with planning so you know your rights. Then I'd write her a letter to say you'd like a chat by x date to discuss how to remedy the privacy issue. If she doesn't get in touch by then, I'd escalate the complaint to the council.

Purpleraiin · 16/11/2023 14:00

Just wanted to say thank you for everyone's comments and advice. I approached one of the builders there again yesterday as the neighbour was still nowhere to be seen. I asked the builder to pass my number on to her and if she could give me a message. He did and she replied to him saying OK. However she didn't contact me. I did let the builder know that If I hadn't heard from her by lunchtime today I would be approaching the council as the privacy issue is becoming to much now and he did pass this on in his first message to her. She clearly doesn't give a crap as I've heard nothing.
so after after sitting here with my curtains shut again thanks to 4 blokes peering into my window this morning, I called the council who confirmed planning permission is required and she hasn't applied so they will be looking In to it. Thanks again for all the advice 😊

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