Planning permission for a balcony?

[Morley19]

I live in a 3 bed semi detached house.

My neighbours have turned the sloping roof on the one storey extension (that was there before they moved in) into a flat roof, replaced the bedroom window with French doors to create a balcony. They haven't finished it yet because they can't afford the glass balustrade.

If completed it will have the following effects on me:

I will have a tall, glass frosted structure immediately to the left of my bedroom window which will block the view and affect the light in my bedroom;

unless they continued the tall glass divide at least a meter or so round the front of the balcony it would be possible for someone to stand in the corner of their balcony and peer backwards straight into my bedroom

if finished they will be able to sit on their balcony and completely overlook my garden. I have a lovely patio up against my house, I think it would feel like I have a lifeguard sat looking down on me

I now know that they didn't get planning permission. am I correct in thinking this is something that definitely requires planning permission? am I also correct in thinking it would be pretty like the council would have denied it, given the effect on my property?

Many thanks

Yes definitely requires planning permission. You could object on the overlooking issue.

Depends.
Ask to speak to a planning officer, and discuss it with them.

Thanks for your replies.

when you say 'depends' what sort of things have you got in mind? sorry for my lack of knowledge!

Yes, the council would almost certainly have denied it; they're generally very hot on that sort of overlooking/overbearing on other properties.
Get onto them, it's not too late. Good luck.

Thanks

Just feel in a bit of a nightmare position now. I was doing my own building work at the time and the impact of what they were doing didn't hit me until I had knocked a huge garage down in my garden and then looked back at the house.

I have mentioned it to them as in they need to speak to me about their plans as concerned about the overlooking.

But they have spent a fortune now already. So if I dob them in (and they would know it was me) I will then be in the position that I live next door to neighbours that I have fallen out with. Our gardens back onto a canal so are very 'social' gardens if you know what I mean, see them a lot at the bottom of the gardens. I live alone too.

I feel in a bit of a no win situation now!

Can the balcony be seen from the canal? Could you take a photo and report anonymously?

There's not only the overlooking aspect of what they doing, there is a security risk too. In your shoes I would just report them. The rules are there in part to protect you as their neighbour.

yes the balcony can easily be seen from the canal. That will have been one of their main reasons for doing it, that we have such a lovely outlook at the back.

I have thought loads of times about reporting anonymously but they will know it is me, particularly as I have expressed my concerns. But I realise I am going to have no choice at the end of the day. But I just know how awful it is living next to neighbours that you have fallen out with

Thanks for replies

When you see it in real life there is no way really they can obscure the view of my garden, not without having a 6ft balustrade all round! And the partition between mine and theirs obviously needs to be tall so they can't look over it into my bedroom and so it will definitely affect the light.

No I wasn't living in my bedroom when my works were being done, it was a big renovation I had done. To be honest I had bigger things on my mind than their balcony at the time, mainly the nightmare I was having with my builders.

This is where I feel slightly vulnerable though. They did the initial works a couple of years ago (knowing it would take them a few years to be able to afford the glass but were doing some other works so put the flat roof on). I think at the time he may have casually mentioned to me about frosted glass etc and as I didn't instantly object or question it massively then he has probably taken that to mean that I am fine with the balcony. Like I said I had bigger things on my mind and the full impact of it didn't hit me until I had removed a huge outbuilding in my garden and look back at the house and realised how horrendously overlooked I will be.

But to be fair even if he had thought I was OK with it then but not now it is kind of irrelevant I guess. Fact is they should have got planning permission - and he is a joiner, works in the building trade so he knows this.

They didn't even formally talk to me about it and ask if I had concerns. They had mentioned how they would love a balcony and then just started doing it. Yes I should have instantly said something but reasons why above

There are rules about overlooking other properties and they have changed to roof to a balcony that now overlooks you. Check the web site of your local council for links to what is considered to be overlooked. I believe this needed permission but ring the Council. If they inspect the balcony, they do not have to say it was you who complained. They could perhaps put of a 2m fence along the boundary with you. This would mean they could not see into your garden. They do not have to use glass all round.

Thanks

You're right, I think I will end up having to speak to the council about it.

We already have a 1.8m fence up now. It is difficult to explain without seeing it but they will see all of my garden. It is a big balcony, right along the back of their house

Thanks for replying

I sympathise with your predicament. I can quite imagine that a nosy busybody who walks their dogs each day along the canal would report the balcony to the council.

So if it was done anonymously, with photos taken from the canal, then your neighbours would really have no proof that it was you.

haha thanks origamiwarrior!

Your mind works like mine - I have quite often thought 'there are plenty of nosy busybodies round here with nothing better to do than report them.

I hate to have to do it but they really should have done it properly and I don't think they gave one thought to my life/privacy when they were planning it - like one of the other neighbours said, they are a bit 'gung ho' when it comes to doing up their house etc, just do whatever they want without thought for the rest of us

Thanks

It might be worth having a look at the original planning permission for the extension, if you can find it on your Council's website. My flat roofed kitchen extension (which was here when I bought the house) specifically forbids any use of the roof as outside space. I realise that your neighbour's roof was originally pitched, but your Council may have something similar.

Thanks Sally - good point

It would definitely need planning permission. I don't know if guidelines vary by location but our council is very reluctnat to grant planning permission for any domestic balconies. We applied for a juliette balcony off our bedroom overlooking our garden only and it was turned down flat.

If i were you i'd take a photo from the canal and then speak to the local planning officer. Ask if you can report it anonymously?

It was pitched for a reason - so that the windows did not overlook the neighbour. If the area overlooked is right against your house and the most private area of your garden, then you have a good case.

Thanks very much for taking the time to reply ladies.

I know I am going to have to contact the council. Just hate that it will more than likely mean I end up living next door to disgruntled neighbours. It will cost them a fortune to reverse it. The couldn't lesve if as it is unfinished