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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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Thread gallery
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Original poster
Morley19 · 22/10/2019 09:16

Hi AnchorDownDeepBreath

That is a very good point about having to disclose it on a future sale and it was very much on my mind. However, I, unfortunately, already have to now disclose this planning dispute and the other issues are too severe not to proceed with so I felt I didn't really have a choice Sad

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gilchrist168 · 22/10/2019 10:18

We had neighbour trouble also in our last house. ( I promise it's not us honest!) Police also involved. We declared it when we sold, but on solicitors advice we put it into auction- so the legals were there to check prior to auction. It sold and although we did not make a huge amount on the house we broke even on what we had paid prior and costs.
Someone would buy it even to rent out. Willing you the strength to get through all of this to sunnier days.

Original poster
Morley19 · 22/10/2019 13:20

Hi gilchrst168

Yes, it is not a position I want to be in with them but there was no choice. They are completely unreasonable and have overstepped the line.

I just want all these issues to be sorted and to move on in life without giving much thought to these sodding neighbours!

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gilchrist168 · 22/10/2019 15:00

If they do decide to sell, give us a shout won't you?
We are very quiet.
We will even take the balcony down.Smile

Original poster
Morley19 · 22/10/2019 15:10

Haha that has made me laugh gillchrist168

I definitely will. I DREAM of them selling. Unfortunately I don't think it likely. They have spent a fortune doing up their house and are still making various changes now. I guess you never know...….

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tentative3 · 22/10/2019 15:20

@gillchrist168 I'm sorry to hear you've had neighbour problems too. Would you be happy to share a little more about what they were, what you disclosed in the legals and how much you think it affected your sale price? I realise that sounds a bit journalisty, I'm not, at all (I'm searchable under this username) - we have neighbour issues and want to sell (were trying to when they started causing issues, and the sale fell through as a result). If you don't want to share publicly could I PM you?

gilchrist168 · 22/10/2019 17:08

@tentative3 by all means pm , or will look out for you if you start a new thread. We were in N.Wales then, although SPIF /TA6 was same. Briefly, every reply was short, but honest.Smile

OliviaBenson · 22/10/2019 18:30

Just wanted to say you absolutely do get to object to the appeal, you write to the inspectorate. You can also request that they visit your property. You can't discuss your case but seeing it from your side should be enough!

Original poster
Morley19 · 22/10/2019 19:37

Hi oliviabenson

Apparently it is because it is a householder appeal (HAS) that objectors don’t get to comment further.

I have seen the letter today that has been sent from the planning inspectorate to my council setting out what the council has to to. The council has to notify all objectors about the appeal but the letter also sets out that objectors can’t comment further

I have the date the inspector is visiting and I have requested that he views it from my side too

Thanks

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Original poster
Morley19 · 22/10/2019 19:38

If it was a Full Planning Appeal, rather than a householder appeal, objectors get chance to make further comment

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OliviaBenson · 22/10/2019 19:49

Ah damn it, of course! Well hopefully you'll get your visit anyway and they will see your original objections anyway. I have everything crossed for you 🤞🤞

Original poster
Morley19 · 22/10/2019 19:53

Thank you, that is kind

I am hoping that original objections, plus the council’s refusal, plus the visit should be enough but I’m not convinced.

Don’t know if it is me subconsciously preparing myself but I just have this nasty feeling the inspector will allow it with the glass screen

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Original poster
Morley19 · 23/10/2019 20:16

Objectors got their letter from the council today announcing the appeal has started. Site visit is booked for 19 November. At last it is starting. Would love it to be sorted by Xmas

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gilchrist168 · 23/10/2019 20:31

Glad that things are now moving Morley. At least by November, as you said earlier, leaves are off the trees and they should be able to see how intrusive it is.
Hope it is sorted for Christmas, everything seems to move so slowly on this, it has been going on forever for you.
Fingers crossed that they come good for you.
Are they just going next door on site visit or coming onto your property also? All good wishes Flowers

Original poster
Morley19 · 23/10/2019 20:51

Hi

I have requested the inspector views it from my side too. It will be up to him and I might not know till he gets here on the day. I will be pushing for it x

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BubblesBuddy · 23/10/2019 21:05

You do need to be aware that not all
Local planning authorities get it right. They sometimes don’t follow their own policies. The inspector will be experienced in looking for this. The inspector will also discount irrelevant objections. However that doesn’t mean they won’t uphold the original refusal. It just needs to be justifiable and within the policy guidelines. Yes, the inspector should look at the balcony from adjoining properties.

Original poster
Morley19 · 23/10/2019 21:18

Hi bubbles

Yes i realise that and am actually extremely concerned thaTtheir appeal will get upheld

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Original poster
Morley19 · 23/10/2019 21:20

How likely do any planners on here think it is that the Inspector will uphold their appeal?

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Thewindsofchange · 23/10/2019 23:21

Only skim read the latest (apologies, it's late and I should have been in bed an hour ago!) has an enforcement notice been issued yet?

Original poster
Morley19 · 24/10/2019 06:09

Hi yes am enforcement notice has been issued so that is there to kick in straight away IF their appeal is denied

It is their appeal being upheld I am worried about

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BubblesBuddy · 24/10/2019 12:12

Planners won’t know your local area and local policies. What is allowed in one area isn’t the same as another area. Interpretation by all is key as well. It would have been better if they had just had a two storey extension!

Original poster
Morley19 · 24/10/2019 12:22

So do you think there is a significant risk this could be allowed?

It is ridiculous isn’t it that a balcony invading privacy in such a blatant way could be allowed in one council but not in another ten miles down the road

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wowfudge · 24/10/2019 13:00

How can an appeal be heard on such a basis then Bubbles?

Original poster
Morley19 · 24/10/2019 13:04

this post is purely so that I can be post number 400!

Never did I think I would need to start a thread on mumsnet that would end up so long!

I must admit I am getting more and more worried now that the Planning Inspector will allow their appeal

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Original poster
Morley19 · 24/10/2019 13:05

surely to god the Inspectors must use some amount of common sense when assessing developments like this?

The officer that wrote the delegate report quoted the sections of local plans etc justifying her refusal

If this gets allowed then no one anywhere would have any right to privacy in their garden

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