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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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Morley19 · 19/11/2019 12:31

Hi

Thanks for that

I have purposefully left the chairs and table out.

Am defo asking him to view it from my bedroom too so he can view the proximity in relation to noise disturbance etc

I will post again later.

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Hugsgalore · 19/11/2019 12:34

Fingers crossed for you op. Hope you get your result. That balcony is ridiculous

Morley19 · 19/11/2019 12:35

Thanks Hugs xx

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Morley19 · 19/11/2019 14:16

He has been. Nothing to report. Quite young and really dead pan/geek. Before he come in he said 'as I said to next door I cannot discuss the case with you' And he didn't! He did say that the decision should be within a couple of weeks.

I will keep you updated x

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BubblesBuddy · 19/11/2019 15:57

That is the line they take. They are independent and have to stay non partisan. Good luck for 2 weeks.

BubblesBuddy · 19/11/2019 15:59

Did he go into your bedroom? What about into the garden?

Morley19 · 19/11/2019 16:25

Hi
Yes he viewed it from the bedroom and all over the garden. He took quite a few photos. He took one from this position. How on earth could this be approved? PLEASE NO!

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Thanksgiving2019 · 20/11/2019 06:00

Just read your whole thread and am horrified.

I think the fact he took lots of photos is positive. Will demonstrate that it can be seen from everywhere on your property.

Wishing you good luck.

madcatladyforever · 20/11/2019 06:20

I wasn't allowed steps into my garden that overlooked next doors garden. They had to go down the side of the house with a wall next to them so they didn't look over the other house either. I'm pretty sure they will be asked to remove the balcony as it breaks all the rules.good luck with the neighbour fall out though.

Morley19 · 20/11/2019 08:15

thanks both

Thanksgiving2019 - that must have taken you a while to read the whole thread!

He did take quite a few photos. He also sat on one of the patio chairs looking up towards the balcony

madcatladyforever - than you for your message, that is encouraging.

It should be an absolute slam dunk dismissal of the appeal but I am so nervous that it won't be. We do see such baffling decisions made sometimes.

At least I am really busy the next 2 weeks, good distraction

I will definitely let you all know, whatever the outcome

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MarieG10 · 20/11/2019 08:25

Looking at it it would be surprising if it was allowed. When we extended over the side of our house, we looked out in next doors stone wall and planners insisted on frosted glass!

However, these appeal decisions can be bizarre so best of luck

Morley19 · 20/11/2019 09:06

Thanks MarieG10

Am certainly worried about the decision. Am 50/50 about which way it will go!

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Monstermoomin · 20/11/2019 09:12

We have a neighbour behind us who has done something similar with no planning permission. It's not finished so it's even more of an eyesore but looks into my child's bedroom. Nothing really came of reporting it, hasn't been torn down and no planning permission has gone in either. The two stories that were already built (this was a third) didn't have permission either....

Morley19 · 20/11/2019 09:57

Hi Monstermoomin

Really sorry to hear that. I would persistently chase with the council though. Get through to the enforcement section. They have to investigate reported breaches of planning

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Morley19 · 20/11/2019 16:33

I can't believe I am typing this.....but it appears my neighbours are putting their house up for sale!!!!

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WaningGibbous · 20/11/2019 16:35

Many congratulations on your loss Grin

WaningGibbous · 20/11/2019 16:36

Is the balcony on the Rightmove property details?

Morley19 · 20/11/2019 16:46

It is with a local agent as ‘coming very soon.’ No price yet he pics have been taken today.

When the written details appear, if it talks about balcony, I will ring the agent and ensure they know it is in appeal

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MarieG10 · 20/11/2019 16:51

Well that will be fun selling. They have to declare in the legal declaration they are in dispute with you. That will be your lever to get rid of it if the appeal fails as no one in their right mind will take it ion, especially if you just threaten legal action.

Suggest if you loose the appeal and they don't get rid of it, then write formally to the agent to formally advise them of the dispute and that you are considering legal options which any purchaser will incur liability on. House will be fairly unsalable.

Morley19 · 20/11/2019 18:05

These canalside properties very rarely come up so I actually still think it will sell quite quickly. Also, whilst it isn’t my taste it is immaculately done up

Will just be interesting to see how they deal with this planning dispute. It is very strange timing.

Also, it could be out if the frying pan into the fire for me!

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WaningGibbous · 20/11/2019 18:49

How much does it cost to get a large banner printed? Perhaps you could get one for your garden that says "that balcony doesn't have planning permission"

Morley19 · 20/11/2019 18:53

Haha that made me laugh 😂 I!

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iswhois · 20/11/2019 19:06

If they do sell it they will most likely need to take out indemnity insurance to cover the costs of the new owners being forced to rip it down and make good again.

What a bunch of idiots!

Morley19 · 20/11/2019 19:37

Yes it is very very odd timing!

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johnd2 · 20/11/2019 19:48

You can't take out indemnity insurance against something where the council are in the process of enforcing lack of permission, that's like taking out insurance after your house burnt down.