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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 · 20/11/2019 21:35

Understand

Just need to wait and see what transpires over the next few weeks. Unexpected turn though!

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BreakfastAtSquiffanys · 20/11/2019 22:20

Really strange timing, pretty much no one is putting their house on the market at the moment unless they absolutely have to!
Add in a planning dispute to make the house even less attractive...

Morley19 · 20/11/2019 23:04

I know!

Mind you, they have made plenty of stupid decisions!

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wowfudge · 21/11/2019 05:42

Not true that the market isn't moving in lots of places. Just watch out for them trying to say that they can't sell because they've been treated unfairly over the balcony.

Morley19 · 21/11/2019 08:09

Hi wowfudge

Thanks for your post. I think there is a big chance the house will sell easily. If it wasn’t to identifying I would put the detail here.

But even if they did try to say that, I don’t think there is any action practically they could take? Unless I am missing something?

They have been through a fair planning application/appeal process.

Anyway, they could well win their appeal!

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Morley19 · 21/11/2019 08:15

‘Too’ I hate typos!!

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MsChatterbox · 21/11/2019 08:26

When I saw the date of the first post I assumed there would be satisfying ending to read. I can't believe it hasn't concluded yet!! Absolute insanity.

Morley19 · 21/11/2019 08:30

Hi MrsChatterbox

Yes it has been a long haul. The Planning Inspectorate has a long backlog so it was 17 weeks between them logging their appeal and the appeal actually starting.

But at least we are just a couple of weeks away now from the Inspector's decision. Which is why I just do not understand advertising pictures of your house as coming up for sale now. Especially as some of those pictures from the garden show very clearly the balcony which may or may not be there in a month!

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wowfudge · 21/11/2019 10:37

No you're right of course and it would come up in the searches re: the planning process. I'm just guarding against thinking you'll see the backs of them or it'll be the end of the matter. Anyway, win-win if they have to remove the railings and they move!

Morley19 · 21/11/2019 10:57

Absolutely!

Would love not to live next door to them.

Would then just have to deal with the issue of those doors/flat roof with whoever moves in!

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Thanksgiving2019 · 21/11/2019 13:40

Dreams sometimes come true :)

Let’s hope they take the hot tub with them Grin

Morley19 · 21/11/2019 19:26

Now on Rightmove! X

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BreakfastAtSquiffanys · 21/11/2019 19:29

What does the description say about roof terrace?

Morley19 · 21/11/2019 19:35

It just had a very vague, brief mention

The whole Rightmove entry is raving about this stunning house/location, going on about all the amazing features but only briefly mentions the roof terrace

In the bedroom description it just says ‘french doors leading time a balcony’

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Morley19 · 21/11/2019 19:36

‘To a’ not time

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RandomMess · 22/11/2019 18:40

I hope the fact it's not sorted costs them ££££££ you could get someone to view the house and see what they say about the balcony?

Morley19 · 22/11/2019 20:37

Thanks Random

I think the estate agent will be negligent if viewers aren’t informed of the position on the balcony?

Even more so IF they lose their appeal in a week or so and the enforcement notice comes into effect? The Rightmove listing has several photos of the balcony. If the appeal is denied those photos will be very misleading?

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RandomMess · 22/11/2019 20:38

But have the owners told the estate agent the truth???

Morley19 · 22/11/2019 20:47

Million dollar question. However, I WILL find out!

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RandomMess · 22/11/2019 20:49

That's why I suggested getting someone you know to go for a viewing and rave about the balcony Grin

Morley19 · 22/11/2019 20:52

If it comes to it I will just ring the agent and tell them

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Soontobe60 · 22/11/2019 21:07

We need clues to help us spot it on Rightmove!

WaningGibbous · 22/11/2019 21:11

I was joking about the big banner but what is the legal position of you pointing it out? Is there any risk to you?

You could have fun with making sure there's very easy viewing access into your bedroom, no nets up etc - and a cardboard cut out of the Queen glaring at them. Perhaps holding the "that balcony doesn't have planning permission" sign.

Morley19 · 22/11/2019 21:19

I can’t imagine there being any legal comeback on me in pointing it out to the agent? It is public information available online

They will have a legal duty to disclose it when it gets to solicitors anyway

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Morley19 · 22/11/2019 21:20

Love the cut out of the queen idea!! Grin

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