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

Im dying to know who the inspector was as i know a young (ish he isnt actually as young as he looks) could be described as geeky looking guy who works for PIns! Small world if it is him 🙊
Hopefully you get a quick decision!!

Haha! I’m probably being unkind in my description!

He was just very matter of fact about everything, which I guess they have to be. Wouldn’t even step in the front before he has told me that he could not discuss the case.

Am just praying that he doesn’t go against the decision by the council!

Just read the entire epic saga, cannot believe you are still in suspense! Absolutely absurd that they have advertised it as a bedroom with a balcony cannot believe the CFery!

Cfery is, sadly, the perfect word to des robe them, in every manner.

Hopefully I will be updating in a week or so with the Inspector’s decision. Just hoping it goes my way

You should definitely call the agent and inform them of your dispute and the ongoing planning saga. It will all come out later in the process so they will be pleased to get the facts now. Remember, they want to get the fastest sale with the minimum effort. Whether there is a balcony or not will make next to no difference in terms of their commission and they will likely advise the vendor to withdraw their application and remove the balcony. No one in their right mind is going to buy a house with an ongoing dispute, no matter how popular the area.

I don't imagine anything the EA says will make a jot of difference to the OP's neighbours. If the appeal is denied then if I were the OP I would ensure the EA knew the balcony is not legal on the basis that a buyer will be disappointed if they can't use it.

Hi

I have actually rung the agent and said I (together with other immediate neighbours) was very surprised that it was being advertised as such, with several photos of the balcony, when it was right in the middle of a planning dispute and actually had a legal enforcement notice issued against it

I said I thought it was misleading and that I assumed they were informing prospective purchasers of the position

She was fine, made out they knew the position and just said it is something they would need to discuss with the vendors

IF the appeal goes my way then I will defo ring again to stress that they are now being very misleading, especially as the balcony has to be removed within 28 days

hoa.org.uk/2013/10/what-estate-agents-have-to-tell-you-changes-to-the-law/

They don't seem to be following this?

Yes I saw that the other day. If they do not inform interested potential purchasers of the planning issue they are definitely falling foul of these rules

Woo Hoo!
Just caught up with this and what a twist hey?
( Been in hospital, avoid A and E on Halloween but on the mend)
Well, all this bollocks will have to appear on the property information forms at some point.
Any chance you could buy it yourself as a buy to let? Then you could be the boss of who lives there.

Can you send a brief letter to the Estate agent recorded delivery, confirming the content of your conversation and attaching the planning reference. Only needs to be short, that's your evidence they have been formally told.
Fingers crossed for you regarding the Inspector. I hope that he comes good.

Can you get a friend to do a viewing?
See what both the agent and Balcony Bastard have to say about it?

The ‘balcony bastard!’ Am literally laughing out loud to myself!

That is their new name. The BBS!

Good idea!

Erm the EN will appear as a charge on the land so there is no way anyone sensible will touch that house with a barge pole. Having said that there are plenty of solicitors who don’t carry out proper due diligence... dealing with the fall out of a few of those myself.

If the Inspector was quite young they might have been an ‘appeals casework officer’ particularly if they took photos. They aren’t a fully trained Inspector but will make a recommendation to one who makes the final decision. Not unusual now for householder stuff. That will be made clear in any decision letter though. That’s how it works in Councils, case officer makes a recommendation to a more senior and experienced officer, who signs it off (or not).

Me too @MsChatterbox, was very surprised to see OP still active!

I've read the thread and I'm here now for the good news OP 🤞😃

Hi magda

Great to see you again. I have googled the name of the inspector and his name does appear to be on several appeal decisions as the main person.

I know what you mean about solicitors which is why I am doing my best to make sure people know about this charge.

brokenlegs ah thanks for your support. Stay on here for the final. I feel like it has been a mini series and we’re all waiting for the final episode! I promise to update the thread as soon as I know (good news or bad)

I would be tempted to send a friend/ sibling/ other trustworthy person around for a viewing of the property to gauge how the agent is marketing the balcony.

Thanks ClaudiaWankleman You never know.......

Wouldn't surprise me if they are trying to get a super quick or cash sale before the EN is registered!!!

Hi when you say ‘registered’ how long does that take? It was served in August, came into effect on 24 September and, if they lose their appeal in a week or so, they then have 28 days to remove the balcony

I really don't know, I would be suspicious that it may not show up immediately on any regular searches carried out by a solicitor (of course they could be).

It may just be a case that the neighbours are sure it's going to be enforced and you've "ruined" their dream home so are selling up.

🤷🏽‍♀️

Yes I agree! They should have thought about that before they treated all the other neighbours like crap! See

Anyway, I’m not getting ahead of myself. I still don’t know what way the appeal will go

X

It would show up on the planning searches. I don't know about land registry though.

I know someone that managed to buy a property that didn't have building regs signed off, somehow their solicitor completely missed it...

I will be doing everything in my power to ensure that it is well known about