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

Am currently sat out on my private patio and this is what I have hovering above me. How could this ever be approved?!

[Post edited by MNHQ to remove photo]

Just wanted to say good luck. I know what it's like to have shit inconsiderate neighbours. We're moving

I suppose from a planning point of view the focus could be they have created a roof terrace and planning approval would set a precedent.

Thanks bubbles

Have looked at policy online. Whereas other council’s seem to give really specific details about which go to committee (eg lots of objections) my council (:in their typical style) is very vague. Just says that only a few go to commitee and that they are normally large scale app,ications

I think I get three minutes to speak. I will ensure I get the relevant points across

Thanks

Yes random that is one of my points. I think it sets a very dangerous precedent if this is approved.

alma am so sorry you are having to move. That is crap. I hope you are blessed with great neighbours at your next house

Sorry, no advice but lots of sympathy.

It's bloody awful. Why would you want that on your house?

Presumably they have to access it from a bedroom? It's not like a flat with a balcony rather than a garden. They have outdoor space already.

The hot tub would enrage me also - especially when it's being used at anti social times.

Thanks deriguermortis

Yes it is awful. Am quite stressed about it now. And what makes it worse is I don’t appear to be getting any support from the planners. It feels like the opposite in fact.

Yes the hot tub is bloody awful too. Will tackle that one next x

Planners have to be seen to be impartial and fact based decisions based on the local planning policies. My council are pro development and very concerned about appeal costs, so favour development. However even they usually put in conditions for rear single storey extensions that they must not be used as a roof terrace.

My advice to you is to try to calm down, being in a flap doesn't help! Focus your energy on understanding the local policy, national guidance on the planning portal, and precedent of other nearby permitted plans(i.e. look for similar extensions approved with conditions attached.

Plan your three minutes to make best use of the time. Start with "this application should be rejected because..."

Then list the reasons why in priority order (in case you run out of time). Make it easy for the committee by referring to policy numbers too, and the president that this would set.

Finally: if it passes you cannot appeal, but you can submit an application to do the same to your house, then sell after the planning is approved (go to appeal if need be).

Good luck.

Thanks rollercoaster really useful advice

I have had such great advice/support on this thread, will be eternally grateful

I'd never advocate Leylandai, but I'd make an exception if that gets approval.

Still willing you onwards. That picture from below, can you enlarge it an take that with you to and hold it up? Maybe get someone to sit in a chair below for perspective? It's horrendous. No idea how anyone in their right mind could think that was acceptable to pass.

Hi

Just to update everyone....

To cut a very very very long story short..... the application got refused and an enforcement notice will be issued to remove the railings. This was after a farce of it being listed for committee then removed from committee. It has been a complete farce

Am obviously delighted it has been refused 😁😁 however was very unhappy with aspects of the delegated report and communicated this to the head of planning

Have got the next fight now when the idiots use it anyway..... but for now this week is a victory for right against wrong 👍🏻👍🏻

Thank you to each and everyone of you for your support on here xx

Phew

Amazing news. Hopefully they quietly go away now.

That's great news OP!

Well done. I think it was listed for committee because of the officer report and members not liking it. Of course the applicants can appeal but victory for now!

Thanks guys.

It was apparently listed due to a ‘misunderstanding’ of the ward councillor’s call in. Which is just bollocks! The head of planning reviewed the case, withdrew it from commitee and apologised to the ward councillor for the ‘misunderstanding.’ It has a complete farce from start to finish.

Does anyone know.... if my arsehole neighbours start ‘securing’ planters around the perimeter could I go back to planning on the basis that that is a permanent structure, like railings?

Hurrah.

Well done!

Well done op! Good news that enforcement notice to be served. But you should now engage with enforcement team find out when it will be served and to ensure they impose a short compliance period.

The EN cannot take effect until at least 28 days - and your neighbours can appeal during that period.

The EN must also state:
The requirements for compliance with the notice.
The period for compliance.

That means the neighbours will have (st least) 28 days + compliance period.

Try to get the enforcement officers to appreciate the impact on you - and to consider the number and weight of objections. This doesn’t necessarily happen automatically, as often the planners and enforcers are separate teams (and don’t info share as much as they sh/could).

For a structure of that type, I’d say a 1 month compliance period would not be unreasonable. No harm in giving them a call to find out their thinking on this.

Just another thought. We’re hitting the summer months, so remind the officer that roof terrace likely to be used increasingly over next few months. Don’t forget to say that you’d like to enjoy some summer too!! So early EN and short compliance period preferred - ask if you can email in photos of each time terrace used. It’s also good to keep a log of dates and times it’s used too.

Hope some of this helps. Feel free to ask any specific questions if you have any.

Have the neighbours actually used the roof terrace yet?

Just a thought, but do you have CCTV or could you position a camera on your bedroom windowsill, facing your garden but in a place where if someone goes onto next door's roof it will register? I suspect that unless they have completely brass necks they might try to use the roof when you are not around.

Thanks everyone, really useful comments.

Frogglott - very useful thanks. I have indeed requested that the EN is issued asap. My only other question is with regards to them creating a 'permanent structure surround' be securing planters to the perimeter - would planning be able to enforce against that?

Breakfast and wowfudge - no they haven't used it yet but they are going to. I have heard both of them saying that, if the don't get permission for the railings they will take them down but then start using the balcony anyway and put plants up as the surround.

I have got a little covert camera thing that I could face that way. thing is, they can use the roof, all the EN is about is removing the railings