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

Don't be too militant they may not be able to sell because of their "crazy" neighbour 😂

definitely get a friend to pose as an interested buyer.

also consider getting a large poster printed saying "if you can read this, you are standing on an illegal structure subject to planning enforcement legal action" and position it where any potential house viewers will see it.

LOVE that idea!

Will wait to see what the appeal decision is x

Exactly Random. I was only saying to someone yesterday that I’m not going to cut my nose off to spite my face, as defo want them to go (lots of people round here do) but I don’t want someone moving in not knowing the position with the balcony and then I have am immediate problem with new neighbours

This was built before we moved into our house, but behind us there is a two storey block of flats which have balconies that overlook our gardens and into our bedrooms. We have a neighbour living in the flat that overlooks us the most who likes to spend his days standing on his balcony, leaning on the edge, and having loud phone calls :( This was all passed with planning permission. There is some suspicion it was only allowed as the council wanted to build a new social club next door.
I wish there was something we could do about it. We knew it was there when we bought the house, but didn't realise just how invasive it would feel. We will be planting tall trees to try and limit his view and increase our privacy.
Incidentally, when the planning was first put in, it was refused, but on those plans, the rooms didn't have balconies and had frosted glass windows

That rounds awful longtompot

Really crap did you. What some people think is reasonable and acceptable yo rond we ceases to amaze me

Do you are drying plans were resubmitted with balconies and approved?!

What the hell happened with the typing there?!

Meant to say ‘are you saying that the plans were resubmitted........’

OMG and the rest of the message! Sorry!

Admit Morley you've had a Sunday afternoon drink

Haha. I actually have had a glass of Prosecco! Just one though 🥂🥂

Is the hot tub listed on the estate agents details? Am hoping for you they take it with them.

Ha! Morley is shitfaced in next door's hot tub.

What a twist! I cannot believe this is has been going on for a year..

Phew, just read your whole thread and just dropping in to say congratulations on the potential loss of the balcony bastards! Also, the sellers have a duty to disclose when selling, if not the new owners will have recourse. However, the buyers solicitor should also do a planning search (as well as buyers TBF) so they will find out and hopefully be far more pragmatic about the issue. From a sellers pov I would be removing and not reinstalling any barrier so there is no misselling on their part. But that’s clearly not going to happen. Good luck

Haha ArienesWoodBurningStove am laughing out loud again to myself. Hilarious. I wouldn’t get in the hot tub after her! Thanks for the laugh, brilliant!

For those new people I am sorry I have removed the photos, means you can’t get the real picture of how bad it is. Once it had been listed on Rightmove, , and due to some of the detail I had given, I was very wisely advised to remove the pics as it was very identifying. So sorry but trust me (I’m sure long timer’s on this thread will back me up), the invasion of privacy is horrendous.

Thanksgiving2019 - Yes the hot tub is listed in the selling details. At least it has been moved down the garden now (that is a whole other story/thread!).

Thanks Jojo19834 yes they do indeed have a duty. I think I may know some people that are interested in this property. Be interesting to see what they are told........

The position will be more clear in a week or so when we have Appeal Inspectior’s decision. That is what I don’t get. Why would they not just wait a week? Then, if you win your appeal, you can advertise your wonderful balcony to buyers. And if you lose your appeal, you can take the railings down and buyers would never have seen the balcony (I know there is still the disclosure point but at least you wouldn’t have photos on rightmove of a balcony that will no longer be there!).

Makes me think they are up to something (or they are more stupid than I give them credit for)

Right off to put my cozy on and dive in......

Any news op? Im so glad he’s moving! Clearly he knows he’s in the wrong anc isn’t going to win against you

Ah glad they shifted the hot tub away from your fence.

I hope the people you know who would like to buy it are lovey and good friends

My husband is an architect and said call up planning office and get the enforcement officer around straight away, it’s an invasion of privacy and you can probably go down the route of common law.

Hi busybeebeebee am actually quite a way down the line with it. Enforcement officer was contacted last year and came out. They had to submit a retrospective application which was refused.

They appealed and we are just waiting fir the appeal inspector’s Decision, he visited the site this week

Thanks

Does anyone know the answer to this....,

Just say they lose their appeal but then somehow get a very quick sale and complete before the 28 dayd is up to remove the balcony, but they don’t remove it.

Does the enforcement notice then fall on the new owners, even though it is addressed to the current ones? If not, can the council issue a new one on the new owners? How does it work in practice?

Thanks

Realistically there's no way they'll complete in 28 days, even with no outstanding legal planning dispute.

If they sell with an enforcement on it ie if the retrospective is refused full stop, they’ll be in breach of contract of sale and the new owners will be able to make serious claims against them.
I actually don’t think they would be able to exchange on a property without declaring the enforcement.
Sorry didn’t read all the previous posts x

Ey up Morley.
Pondering again.
I'm with Marmablade on this. There's all the legals and searches to be done, even with a cash buyer. It's not a doer upper. It's an expensive house in a lovely location. Any good solicitor would pull the issues up in a search and red flag them up.

You can find a buyer for it at the right price I suppose with the enforcement problem as it is.. They aren't selling it cheap though are they? Top price they are looking for.

28 days isn't realistic. I've just sold a house to a relative. No agents involved, Simple transaction and it still took almost 12 weeks.

If they sold tomorrow taking into account the holidays etc I'd reckon it would be at least end of January.

Thanks again all for your posts.

Yes 28 days is unrealistic, I was just wondering what happened in the scenario that they buggered off and didn't do what they have been legally instructed to do under the enforcement notice.

It should come up in the legal searches but sometimes things slip through.

Anyway, my mind is just wandering ahead of me.

I think the minimum the EA should be doing now is disclosing the full information to prospective purchasers that make bookings to view?