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 literally speechless, can't believe what I am looking at.

Sorry I haven't got any advice but surely there MUST be a way to prevent this

We actually have friends who did similar, changed a first floor window overlooking a flat roof into French doors, and put table and chairs out there.
However they are a detached house, built on a steep hill so that the house behind them has its ground floor at the same level as friend's first floor. So their terrace is level with other house patio, not towering over it.

It is just a nightmare breakfast

It is a constant battle and I am dealing with people that don't give a flying f**k about ANYTHING but themselves and what they want. They have a terrible reputation amongst immediate neighbours.

And the planning/appeal process is just SO slow.

The appeal is going to take months to deal with. and of course they could win the appeal and the decision of the council be overturned so that they can keep everything - railings/screen etc

I can see why people end up moving

I would put 1000w security lights up at the back of your house so that they dazzle anyone sitting on the terrace /roof
innocent whistle

breakfast are you my sister? That is exactly what she said!

How are you getting on with this OP ?

Hi

Thanks for asking. Their appeal is apparently due to start on Monday

We are also now in police mediation for this and other disputes. Neighbours from hell unfortunately that don’t give a rats ass about anyone but themselves

That sounds horrendous OP. On what grounds are they appealing?

It is wowfudge they are the most selfish inconsiderate people you could ever meet.

I haven't seen the appeal documentation yet so I don't know what grounds they have included - I will definitely update this thread when I know!

Just read through this entire thread with my jaw open at the sheer front of your CF neighbours. Insane how long a process this is for you OP.

hi Bernadette - it must have been like reading a novel for you, reading the whole thread at once!

Yes they are vile. They really don't care about anyone but themselves. I am not looking forward to the police mediation face to face meeting but there are too many issues between us. I am not certain anything will get resolved but at least it gives me a chance to have my say about them/their behaviour, in a controlled environment.

I am also very concerned that they may win their appeal, I think it is 50/50 as you see so many ridiculous decisions made by our authorities. Maybe that is just me subconsciously preparing myself for the worst.

I will make sure I keep this thread update as hopefully it will be helpful for anyone else that may find themselves in this position

Good luck OP

Haven’t read the whole thread but surely this will get denied. How anyone could think this is ok is beyond me

@Morley19
I'm so very sorry that you are going through this. Utter shits. The planning department has a lot to answer for in this, they seem to have let it drag out so much. I'm lost for words really - especially having read the police are now involved. Sending solidarity thoughts, and anything at all by way of support shout up.

( We lost our planning issue, but at least thanks to you, we gave it our best shot)

I actually feel a bit sick for you

Planning Departments are slow! However appeals are handled by the Planning Inspectorate who are separate and have their own timetable! They are not an authority in the way your local council is. We have found inspectors to be well qualified and fair.

The Inspector will base their decision on the planning policies which govern this development. They will want to evaluate whether, or not, the planning authority has applied the policies fairly and accurately. They also will not accept interference and undue pressure from council members or members of the public to force through a decision by a committee or officer that didn’t follow policies. If the planning authority followed their policies when rejecting this planning application, the inspector should agree. So no worries!

Sorry just seen this post. We had to have opaque glass on either side of ours.

As per below.

Ours is a detached house and just a balcony, we couldn’t put a roof terrace. We never use it just nice to have the doors open in the summer (and not worry about the children falling out)

Can't believe this is still going on

Omg, I thought this would be all sorted and life back to normal 😩😩😩

Hi all

Thanks for your comments. Yes it is a long living hell, and such a waste of life!!

At least the appeal has now started (as of yesterday) and I can see from their initial letter that they are tight in deadlines. From what I have read, it should be dealt with within 7 weeks to so fingers crossed - please let it be a nice Xmas pressie!

BubblesBuddy - your message does give me some comfort. For their appeal to be successful then the Planning Inspectorate has to basically say that the Council were technically wrong in their decision? this is the wording from the council's delegated report:

Whilst the use of the roof area as a balcony is permitted development not requiring planning permission, and the roof of this rear extension has been structurally built to support roof access under the building regulations, it has to be acknowledged that its enclosure would serve to normalise its external use which is likely to result in greater or extended periods of use than it would if the roof area where to remain unenclosed, thus in turn allowing for prolonged periods of overlooking of the neighbouring properties rear gardens. The close proximity of this balcony to the neighbouring boundaries and levels of overlooking that would be afforded into the rear garden areas together with the overall area which it encloses thus increased opportunity for usage is considered to result in a detrimental impact on the privacy levels which the occupiers of these neighbouring properties should reasonably expect to enjoy.

And in the conclusion within the report:

The proposed privacy screen and retention of railings to the first floor roof area of the rear extension would bring about the provision of an enclosed balcony area which would result in a detrimental impact on the residential amenity of the neighbouring properties as a result of over-looking and loss of privacy of their private rear garden areas. The proposal would therefore be in conflict with policy CDMP3 of the adopted xxxxxx Borough Plan, the Council's Supplementary Planning Document titled 'Extending your Home' and the NPPF.

So, whilst I don't want to get any hope up, to me I'm not sure how the appeal could be successful? It is black and white that I am overlooked?

BringonSpring - couldnt' agree more with your name by the way. thanks for sharing that and your photos. Like you say, you have a detached house so I am hoping this case is different and will be refused.

I will obviously keep the thread updated now that the appeal has sorted

I think that, if you have the opportunity to object, you should be clear that the fact they have spent money on reinforcing the roof to the standard required for a roof terrace and applying to put railings up and appealing, does not trump the rights of you and your other neighbours to privacy and quiet enjoyment of your homes and gardens. State that your bedroom can be looked into. I would also allude to their behaviour following your objections and that in the interests of reasonableness it would not be equitable to allow them to go ahead.

Thanks wowfudge - I don't think I will get chance to comment further during the appeal but if I do I will certainly be making those sort of comments

thanks

Another thing, I am quite glad it has taken to long for the appeal to start (17 weeks since they submitted their appeal!) because now, when the Inspector does his site visit, all the trees on the boundary line will have lost all leaves and be completely bare.

It makes the visual impact of the overlooking over the ENTIRE garden so much more stark

I'm so sorry this is still going on. I can't really offer any advice, but it sounds like you've had some great comments so far...

I got invited to police mediation once. I didn't go - the other person in the house was nervous about having to declare it as a neighbourhood dispute when they wanted to sell - but it seemed a bit of a daunting process. I hope it's helpful, they sound like a nightmare.

Fingers crossed that you get a positive decision before Christmas!