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

I don't know how Planning would view it, but as a layperson I would think that unsecured plants are a hazard and you could rightly object to them as dangerous as they could fall into your garden or damage your extension roof.
Secured planters are just a railing in disguise, so contrary to Planning

Also any unsecured furniture, table chairs up there are also a hazard

Hi *Breakfast'

Thanks, those are exactly my thoughts re secured and unsecured.

If secured I think it would be planning I could go to.

But unsecured, I don't know what department it would be, don't think it would be planning. Would it be environmental health?

If you use a camera, you shouldn't have it pointed onto their property. Far enough over aimed at your own that it picks up shadow/movement next door incidentally would be okay. With sound recording would be preferable! Stick a note in your bedroom window that there's CCTV recording being carried out. Put the wind up them!

I'd ring the council and ask them which dept you would contact if you are concerned that unsecured planters and furniture are going to get blown or possible accidentally pushed off a raised terrace with no railings. I wouldn't give any details at this stage, just check who should contact. If you hear your neighbours talking outside about the roof, log the date and time and details. Record if you can although technically it's not admissable as evidence you could play it to the planning officer, etc. as proof of their intentions.

A falling planter or chair could seriously injure someone, nevermind damage property.

thanks *wowfudge' helpful as always

I will contact the council.

The 'balcony' is that close to me that an unsecured planter could get blown off, land on my head and kill me. And that isn't an exaggeration!

Well done OP.

I suspect that won't be the end of it, but it's a good start!

Not a balcony.
A roof terrace

I know Breakfast

Unfortunately it makes no difference in our stupid planning laws.

Whatever we call it, they have the right to go on their flat roof and use it for 'purposes incidental to the enjoyment of their home.'

Absolutely ridiculous. I can't believe the law is like this. We have planning rules that can prevent the installation of railings due to overlooking. But then nothing to prevent use of a flat roof without railings, so they can peer into my bedroom, garden etc whenever they want.

Why on earth the planning laws haven't been altered to prevent this stupid position I don't know

I'm guessing it would be very difficult to try and change the planning to cover over looking , where would it start and end. Most people can look into the neighbors gardens from a 1st floor window. I think you have won the battle possibly not the war. If your neighbors were determined to use the roof terrace they could just take down the fences and plants and just sit there with a chair. I do hope you get the outcome you want .

Hi chickencellar

Thanks for your post. I expect you are right, battle not the war. Will have to wait and see.

I think it is different to windows. Houses have to have windows but people wouldn’t generally put a chair and tables in their bedroom window and sit their for hours looking out over their neighbours. Also that is why most windows on the side of houses have to be opaque to prevent overlooking

A balcony is very different. It is a different level of overlooking plus noise disturbance

I will just have to wait and see what happens

Thanks x

It's not even a balcony is it though - it's a roof terrace!!

I know random but it doesn’t appear to make any difference to the outcome

Hi Morley
Slow to catch up on this I'm so sorry.
Relieved that there is to be an enforcement notice, I'm so very sorry that it's been such an utter fiasco. Willing this to come good for you.

Ah sorry this is still going on :-(

Get a broomstick. Push their plant pots off the balcony on a windy night. Complain to the council that it’s dangerous 👍

When you get notification of the appeal ring them up and ask that they visit your property as well and you can show them how bad it is for you

Can you take a photo of them looking through your window? Horrible!

Hi

I have actually got a photo of him looking through (it is awful) and I would love to post it on here but suspect I could be breaching data protection laws etc????

I will be showing the appeal inspector and police the photo

There is hope! The need for railings comes under Building Control, approved document k, protection from falling. Any roof which people have access to must have adequate barriers to stop them falling off. If they have to take down the railings due to planning and they continue to use the roof terrace you can report them to building control. It's a matter of safety, never mind a flower pot falling off, what about a person! The roof was also designed as a roof and not to take the addition weight of people, chairs, planters etc so there is a structural issue as well. The local authority building control can serve a section 36 notice to enforce works to comply with the regulations ie put up a barrier... which they cannot do as no planning permission. Sorted!
Long and painful process though, I hope it works out for you

Hi Tattypoo

Many thanks for your post, really interesting.

apparently the roof has been strengthened (the delegated report talked about that).

The point you mention about building regs is how I thought I would catch them out. However, I have actually spoken to the building regs officer and he said there is nothing he can do - he said as the flat roof was on entirely private property (e rather than above a public highway etc) then if they wanted to risk falling off (due to no railings) then that was their lookout.

I couldn't believe it but he was adamant?

However, I have just looked at document K, section 3 and this doesn't appear to tie in with that?

I am confused. The buildings regs guy was so adamant.

Also, would I now be out of time anyway? The flat roof has been t here 5 years (albeit they have only used it as a balcony the last couple of months?

It's worth talking to your local councillor to see if they can help.

We managed to stop our neighbour getting access to their flat roof and restricting it to a 'Juliet balcony' (no roof access). But it was quite a fight, as they also tried the retrospective planning permission route.

I am very surprised by the building inspectors comments, as they are pretty hot on H&S usually, and would ask for a second opinion.

Thanks Jaxhog

I have involved my local councillor, he has been brilliant in assisting me.

They have appealed the railings - that will take months but hopefully the appeal won't get upheld.

My problem is the 'use' issue.

And that is where I thought the buildings regs would come in (no barrier). but I was told otherwise by the main buildings regs at the council. I also think there is a 2 year objection/enforcement period? So as the flat roof has been there 5 years am probably screwed??

Jaxhog - how did you manage to prevent the access? Were you within the tow years of them putting French doors in?