Balcony and planning permission *images removed by MNHQ at OP's request*

[Morley19]

Does anyone have any experience of balconies and planning permission? Epxperience of a situation similar to mine?

My neighbours have put this up without planning permission. I have reported it and they have to put a retrospective planning application in.

The photo looking outside is the view from my bedroom window. gives them a direct view into my bedroom and even onto my landing. The external photo shows the vastness of it and the ridiculous amount of overlooking.

To me, there is no way they should get planning permission for this. but I hear of such weird decisions by councils. I have already drafted my objection (the planning application is meant to be in by end of this week) but I am very worried that they may get approval.

Thanks

This is ridiculous. We’ve had an extension and it means French doors a few feet off the floor. We need to have safe exit to be signed off by building regs. Had discussion with Building Inspector and hand rails was part of the criteria as I had assumed it was.

Morley: please excuse me not re reading everything, but is this council running their own Building Regs Dept? Or has it been contracted out? There are rules on height of balustrades and usually pp requires BRegs approval. Wait and see what happens but I think BRegs are clear about balconies.

Hi bubbles

Yes I spoke to the guy from the council in building regs and he said that if people were stupid enough on their own property then that was their lookout. I couldn't get my head round it

also, I think it would be too late for any challenge now as isn't there a 2 year time limit with building regs? The doors have been up years now

I would go back and say it's clear they have done this clearly to get around all the regs and planning permissions and what does this precedent set? Why can't they be ordered to turn it into a Juliet balcony?

Thanks random

Can I do this even though the doors have been in about 5 years now?

I have no idea but I would specifically raise it with the council...

I have experience of this. We used to live on the coast. All the houses had balconies. New neighbours moved in next door and wanted to extend their balcony. We all (neighbours) recieved letters from the council seeking approval. We were fine with it, as the houses were slightly staggered and so even with the extended balcony, the neighbours still couldn’t see into our property.
To conclude...they 100% need planning permission OP.

Hi Augutusglupe

Thanks for that.

Yes they were instructed to get a retrospective planning application in (on my reporting them when they just went ahead without the required planning permission) and we are just waiting for the ruling on that.

My fear is that, even if the application is refused and they have to take the railings down, I have been told (by very reliable sources) that planning can't really stop them just going on their flat roof anyway (without railings). From the conversations I have overheard when the delightful neighbours are subjecting me to anti-social behaviour from their hot tub, this is what they are going to do.

so I am thinking ahead of ways and means of addressing that (if the planning app gets refused but they put chairs etc up there anyway).

It's exhausting!

morley19 I have been following this thread and I am so sorry you are in this position. I hope you're wrong and there's a way to stop them using the 'balcony' anyway even without railings.

Thank you Stealth that is kind of you.

It is mentally and emotionally exhausting. I am just sick of them. They are the most selfish individuals I have ever come across.

If the railings get refused I really don't hold too much hope up about being able to stop them sitting there anyway

If the application is refused, does anyone know how long they get to object?

I have heard with 'normal' planning applications they have 6 months but is it different with a retrospective, when they have already completed the project? Is it a shorter objection period?

Thanks

I think you need to speak to the team dealing with the retrospective planning permission and tell them what they have done and what you have heard them say and how it is clear they are playing the system?

Presumably they could be forced to replace with a window?

Hi Random

This is where it all gets a bit grey/confusing to me.

About 5 years ago he converted the pitched roof to a flat one and replaced the window with French doors.

I did speak to the planning department and they informed me that they could do both of those things with no need for permissions etc. So there was nothing I could do. Council said to let them know if they ever put railings up

Last year I also spoke to building regs and that is when he told me that if they wanted to risk falling off a flat roof on their private property then that is their lookout. He also said that building regs reporting etc only had a two year window (rather than the 4 year one with panning) - I didn't know this.

When the planning officer came out (that is considering the application) she actually said to me that even if it was refused planning couldn't stop the going on the flat roof. So I'm not sure contacting her again would serve any purpose.

I'm not sure it is playing the system. I think it is just a ridiculous 'loop hope' I our planning laws etc.

Which is why I am thinking of other ways to stop it (without getting too ahead of myself as I don't know that the application will be refused yet!)

thanks

sorry meant to say, so no I don't think they could be forced to change the doors back to a window now

Hi Morley, kind thoughts your way. I have been following the thread. What an awful let down to have it all postponed, I am so sorry.

Ironically, I've a neighbour notice through today, and we are about to go through similar with the bungalow at the back of us. Adding a floor and a Juliette balcony. NW also. I so hope that this comes right for you.

Hi gilchrist

You have my sympathy! Please PM if you need any help, I have learnt loads, particularly from people on here

I am very frustrated with mine. Still no decision. Emailed the admin girl in planning today and she said that she had spoken to the delegated officer who said it will be going to committee on 5 June.

This worries me as the ward councillor asked for it to be called into committee but only if the delegated officer was minded to approve it!

I replied asking if that meant the officer was going to approve it. The admin girl said she had forwarded my email on to the planning officer who would ‘respond in due course.’ She hasn’ t yet. She was quite frosty when she came out to visit

I can’t believe she would be thinking of recommending approval!

I am just clinging onto the chance that it is going to committee for other reasons. On other concil’s websites I have seen that applications automaticaly go to committee if there is a lot of public interest or a parish council has objected

In this case there are 11 objections, including one from the parish council so I am hoping that is why it is going to commitee? (Any planners on here tonight?) although I can’t find anything on my council’s website that says that

Evening. It’s still 6 months to appeal against a retrospective application. This can be sped up by serving a concurrent enforcement notice, which must be appealed against before it comes into force (no less than 28 days).

The officers may have decided to take the application to Committee regardless of recommendation - there may be another reason you’re not aware of (e.g potential conflict of interest). At least you’ll have an opportunity to read the officer report, which will be published no more than 5 working days before the Committee, make your case and speak in front of Members.

Thanks magdas

Very helpful, as always

I just felt sick today when I heard it was going to commitee as my immediate thought was that the officer must be thinking of recommending approval

This whole process is exhausting!

It is totally exhausting. I have been to Committee tonight and I’m now lying on the sofa and pouring beer down my throat in sheer relief that they didn’t approve something recommended for refusal...

Haha I am doing exact,y that but with a vodka lime and soda instead of beer! Cheers!

Am SO worried that this is going to get approved

I cannot see how it can be approved, seriously. Make sure you go to Committee though, there can be an attitude that someone isn’t actually they bothered if they don’t turn up.

Will defo be going to the commitee meeting.

I went to the parish council meeting and spoke at that. They were very supportive. They didn’t approve of it at all and put an objection in

I can't believe some people's cheek tbh. Hope it gets refused and they have to do something.

Thank you Morley. So kind of you. Just read your update and the helpful advice to you. I won't hijack your thread. but am quietly supporting. Gosh, next month now, beyond stressful, all fingers crossed for you

It's clear this is very stressful for you op and I'm with you regarding the CF'ry from your neighbours.

I'm wishing you a successful outcome too but also wish that you can switch off from it at times in between events when there isn't anything to be done.