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

Absolutely typical of this country and it’s laws, and not just planning laws!

This balcony is just one of a few utterly selfish things my neighbours have done. They really do not give a flying f**k about anyone but themselves

@Morley19 the advice you were given was incorrect. Failure to comply with a planning condition represents a breach as the idea is that development would not be acceptable in the absence of the conditions.

I am currently dealing such a case. And have advised them that if they do not wish to comply with the condition, a new planning application will be required to remove that condition, which will most likely be refused.

Hi bluetue

Sorry I’m not quite following? Which advice are you referring to? Sorry if i’m being
thick!

Oh sorry do you mean the one about building regs?

Yes I was very surprised about that. It was the head of buildings regs I spoke to. She said they don’t have the enforcement powers that the planning department do

I’m sure most planning officers try and get it right. I think some councillors can refuse planning applications irrationally and they are over zealous. They do not always follow the advice of the officers.

The length of time all this takes is also a disgrace. No wonder we have an acute housing shortage.

The length of time is indeed frustrating. I think lack of resource at councils is the main problem.

What has been frustrating to me is the leniency that appears to be shown to the 'perpetrators' at each stage. I do fully understand why councils do that - if they end up in court they have to be able to show that they gave the applicants every opportunity etc.

However, it just seems unfairly stacked in their favour.

My neighbours installed this unauthorised development quite easily in one afternoon. Yet it ended up taking them 4 months to get the simple retrospective application in to the council. Council did end up saying if it isn't in by 'X' date then an enforcement notice will be issued.

Then the delay on appeal starting. It has taken 17 weeks since they submitted their appeal for it to start. And who knows how long it will take. Online it says that householder appeals typically take around 7 weeks but whether that actually happens who knows. I would have thought it would be quite a simple one for an inspector to decide? whilst it is contentious it is only one development, not like it is an application for 100 houses with lots of different issues

And, having seen some appeals for balconies in similar circumstances be successful I am only 50/50 about whether this will be denied or not

I suppose if the neighbour wins the appeal....it will set a real precedent for the neighbourhood

Yes MarieG10

I believe that too. I think it would set a. Wet dangerous precedent for the whole area covered by this council

I think it would mean that anyone can have a balcony regardless of the level of overlooking

The Inspectorate has confirmed that there is no appeal against the EN

So at least that is something

At least it means that, whatever decision the Inspector makes, that will be the end of it

Have they indicated when you will get their decision?

Not yet no. I am going to ask again

The Inspector’s visit is 19th so I am hoping the decision will be before Xmas but that might be wishful thinking?

Spoke to the Inspectorate again.

All they can tell me is that, currently, it is an average of 5 weeks from the 'event' date to decision.

The event date is the visit to the site which is 19th November so not sure we will know pre-Xmas. 5 weeks takes it to exactly Xmas Eve!

They went to great lengths to stress to me that 5 weeks is only the average and could be longer

At least if it isn't before Xmas I can enjoy Xmas in blissful ignorance of the fact that it could easily go their way!

The last 2 appeals I have dealt with have taken 2 weeks between site visit and decision being issued - one householder, one full planning permission. I think you should know before Christmas.

Oh brilliant, thanks for that Seeline Fingers crossed.

I have eventually seen their appeal form (I think the council should have put it on their site back in June and have only just done so when I asked where it is).

In the bit where they have to say why they think a site visit is required (which is basically the only part on the form where they write anything in support of why they think the refusal was wrong), her opening sentence is that the site really needs to viewed in person from the first floor (ie the balcony) to really appreciate the stunning views it affords them.

That isn't a relevant planning consideration is it? The Inspectorate isn't going to allow their appeals just because he agrees it gives them lovely views is he? (those views also include my back garden!)

No - that is not a valid consideration! However, you are right, the Inspector will indeed be able to fully assess the scale of the over looking the balcony allows.

As the Inspector is visiting your side too, they will also be able to get an idea of how much you 'feel' overlooked - which is a valid planning concern.

Fingers crossed for you!

Thanks Seeline

My main worry in terms of them getting their appeal allowed is the 'fallback' position ie they can go up there anyway, without railings/screen giving them a complete view over my garden.

I am worried the Inspector might think that, as they can do that anyway, having the screen/railings is better for me?

Can't really guess what the Inspector will think, but in my view the provision of railings etc makes the use of the balcony far more likely ie they facilitate the use of the flat roof as a balcony, which will lead to a loss of privacy/overlooking for you. Inspectors are usually quite sensible IME.

Thanks Seeline

Really appreciate your advice on this

fingers crossed!

Good. Roll on 19th for the site visit

Thanks

Am so nervous about it though. I just have this bad feeling the appeal is going to go their way!

Well, today is the day of the site visit by the Inspector.

PLEASE let him be sensible guy that sees how ridiculous this is!

🤞 for you Morley19

Best of luck, your neighbours are outrageous, I hope common sense prevails.

Thank you! I hope so too but am SO concerned it won’t!

When I see him go in next door do you think I should ‘happen’ to then be in the garden as he goes onto the roof terrace so he is looking straight down on me?!

I would try and put a table and chairs out in the garden so that they would definitely be seen when he is out on the balcony. Just thinking such things may have been put away for the winter.

If you can, when he visits you, persuade him to view it from your garden and your bedroom too.