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Original poster

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

723 replies

Morley19 · 03/12/2018 13:03

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

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Original poster
Morley19 · 10/05/2019 08:16

Thanks Innersmelbow

It is a very good point you make.

This has now been going on since October and I consciously try to ensure I switch off from it during the waiting times. Otherwise it becomes all consuming.

It doesn't help when the same vile neighbours have now installed a great big hot tub right against the boundary fences (literally touching it) and right outside the back of the houses. The hot tub is literally one metre from my back door (on that second photo) that leads out from my lounge.

They are very loud inconsiderate people and I have to listen to vile anti-social noise disturbance, very loud music, hot tub motor going, them shouting drunk above it all. Last weekend I had it for an hour from midnight.

The ward councillor is helping me on that too as he has had heard the recordings I did last week and is horrified.

They literally are the most selfish people I have ever come across

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Original poster
Morley19 · 10/05/2019 09:27

Update

The title of the planning application has always been 'retention of rear balcony'

This morning, the planning officer has changed that title online to 'retention of railings and provision of screen to rear balcony.'

Has she done this to stress that the application is about the physical development and not the 'use' of the flat roof as a balcony?

I am getting more and more worried that the council are going to approve this

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StealthNinjaMum · 10/05/2019 09:38

Can the planning officer change that?

You know you could do an FOI request to ask for all correspondence between the planner and the applicant and/ or any representatives they have - but that might annoy the planner. But you would see any written lobbying.

Original poster
Morley19 · 10/05/2019 11:02

I don't know stealth but someone there has changed it.

I am so worried about it.

The new title implies that there was already a balcony there. There wasn't, it was just a flat roof.

I have emailed the planning officer to try and get more information. I know this in itself will annoy her, she is frosty enough towards me anyway

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BreakfastAtSquiffanys · 10/05/2019 11:59

Stop using the word balcony.
It's a roof terrace

gilchrist168 · 10/05/2019 16:09

That is so bizarre, there must be some significance in the change of wording, but no idea what. Agree that it implies there was a roof terrace there before. Confused

Original poster
Morley19 · 15/05/2019 19:22

UPDATE

So..... planners have confirmed that it is going to committee on 5 june

I tried to find out why and if that meant that they were recommending approval but naturally she can’t tell me. She just said ‘the fact it is going to committee doesn’t in itself identify the report recommendation.’ I will be able to view the report the week before committee

Obviously I will be going to committee to say my few words which I am looking forward to like a hole in the head.

Naturally I am assuming the worst. I am thinking that they are recommending approval but, because there are so many objections (11, including a parish council one), they are sending it to committee to confirm their recommendation??

This is exhausting! Stomach is now in knots that it is going to get approved

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StealthNinjaMum · 15/05/2019 20:26

The number of objections isn't usually a consideration but whether the application breaches planning policy. I can't remember if you had found other local cases that had failed, they will show a good precedent. Personally I think it's outrageous the planner didn't just reject it.

Some councils will allow you to have a parish councillor speaking against a proposal as well as you especially if they've objected.

Also you can submit as many objections as you like if you think of a new grounds for complaint.

StealthNinjaMum · 15/05/2019 20:27

I meant to say even if you miss the objection deadline they still might consider late objections.

Original poster
Morley19 · 15/05/2019 22:20

Thanks stealth

Yes have already contacted the parish council to see if a representative will attend

This is what worries me, why it hasn’t just been rejected

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BubblesBuddy · 15/05/2019 22:52

In my Planning Authority the number of objectors does mean a decision will go to Committee. It’s considered contentious.

However it’s likely that the Planning Officer has spoken to the Applicants and an amendment to the application has been agreed.

I would tend to agree with you that the Officer might be recommending approval based on the amendment. The Committee need to be very careful when looking at this and should make sure they follow planning policy and not just agree with objectors. They need to be aware that they can be liable for costs if they do not follow procedure and policy. It’s the job of the officer to guide them on this.

I have no doubt it’s been called in because of the number of objections. It allows for a wider airing of the issue. I’m not an expert on use of roof space and barriers. However I would expect the Planning Officer to have done due diligence and when you read their report, this should be crystal clear, whatever way this goes.

I know lots of flat roofs in London that are used in this way and it might be a good idea to plant some tress!

Original poster
Morley19 · 15/05/2019 23:08

Thanks bubbles, really useful

If they ha e in contact with the applicants regarding an amendment would that amendment not be made public? Should I not be aware of it?

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Original poster
Morley19 · 15/05/2019 23:14

Bubbles

Even if the officer is recommending refusal could it still go to committee because of the number of objections?

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gilchrist168 · 15/05/2019 23:25

Sorry Morley, I thought I had posted a reply to you earlier but it didn't appear.
I'm so cross for you, this is ridiculous. So you have to turn up again and speak? If this gets through, it's a green light to other people to just go ahead and do the same.
I'm really so sorry to read this Flowers

StealthNinjaMum · 16/05/2019 09:59

In my limited experience observing these things all amendments and communications go onto the planning website in my area. Whenever I have objected to a local development, if it's been amended I've been notified of that and given the chance to I've my opinion again.

StealthNinjaMum · 16/05/2019 09:59

Give dammit give

Original poster
Morley19 · 16/05/2019 10:07

Thanks Stealth

That is how I thought it might be. If something is changed in the application then surely that has to be made public so that the public have an opportunity to comment.

I have not been notified of anything and there are no amendments online.

Therefore am hoping that the reason it is going to committee is purely down to the number of objections (including one from Parish Council) rather than the fact that delegated officers are recommending approval

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Zarara · 16/05/2019 15:14

Morley19 I find it quite strange that the officer can’t tell you their recommendation, I’ve never heard an officer say that before. You can ask the officer why it’s going to committee this may shed some light on the recommendation. I really feel for you. At some local authorities councillors carry out site visits and a decision can be deferred to allow a site visit. May be worth finding out if your council does this, if they do when you speak at committee you could ask the members to carry out a site visit prior to a decision being made. Usually this works best if you can contact one of the councillors prior to the meeting to ask if this is a a possibility.

Original poster
Morley19 · 16/05/2019 15:17

Hi Zarara

thanks for your message

It is very frustrating that I don't know the recommendation but they are not forthcoming. Say it will only be made public a few days before the meeting. She wouldn't tell me the exact reason it is going to committee. All very archaic and cloak and dagger!

I am in contact with the ward councillor who is very helpful and we have got things in place to ensure that the site is viewed by members.

Thanks again for your post

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fourquenelles · 16/05/2019 16:21

If the worst happens buy one of THESE and put it in your bedroom window. Hopefully they will shit themselves every time they catch sight of it.

Zarara · 16/05/2019 16:56

Morley19 that’s bizarre that they won’t tell you why it’s going to committee. I would be questioning this, how senior is the officer dealing with the application? Whilst officers can take things to committee if they wish they normally have a scheme of delegation which sets out what type of applications go to committee and what the process is for things being determined at committee. I’m sure the officer hates being contacted constantly but it may be worth asking for a copy of the scheme of delegation or at least searching on the council website for it. It may also be worth asking the councillor to ask what the recommendation is (if you’re friendly with them)

Zarara · 16/05/2019 16:57

You don’t have to say if you don’t want but what authority are you in or what part of the country?

Original poster
Morley19 · 16/05/2019 17:32

Hi Zarara I will pm you

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Original poster
Morley19 · 16/05/2019 17:34

fourquenelles at a time when there isn’t much laughter here thank you SO MUCH for making me laugh out loud! Brilliant! Xx

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BubblesBuddy · 16/05/2019 17:35

It will be a policy on their web site that gives info on why something goes to Committee. Often it’s what they consider contentious and this can be the number of objectors.

The Planning Officers report is made public when the papers for the meeting are made public. I’m not sure anyone gets prior notice of this. Keep looking at the web site. Look for amended documents too.

It can go to Committee irrespective of what the officer recommends. A member might also be able to call it in. Again, read the policy. Also no one has to go to a meeting. It’s voluntary. The members are expected to follow planning policy and their Officer should make it clear what this is. You won’t be given long to say anything so make sure it’s focussed on planning policy. Not your views about noise and building regs. Keep it short and to the point.