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

I’ve seen houses for sale before where significant features aren’t mentioned eg loft bedrooms, presumably because there is no building control for them. Hopefully the agent downplaying the balcony monstrosity means that they’re aware something isn’t as it should be. Otherwise they’d be shouting from the rooftops (sadly literally) about the beautiful balcony.

Just a thought, there’s no way the agent is a mate of Balcony Bastard is there?

Definitely get a friend round to view and see what they say.

Hi

Yes I was looking at a house on Rightmove the other day (I'm not moving, I am a serial Rightmove addict) - it described it as 3 bedrooms but then also had a picture of the loft done up as a bedroom. Like you say, it won't have building regs on it for a bedroom.

Balcony Bastard could well know the agent but I will be doing everything in my power to make sure this planning problem is highlighted

Just hoping we get the appeal decision in the next week or so and that their appeal is denied.

I mentioned this on your last thread I think Morley, but bears repeating.

DH and I viewed a house some years ago with an almost identical set up. They had converted the flat roof of the kitchen to a terrace from a bedroom. Double doors opened out. They had lost an appeal and so the balustrade that was initially around it had been taken down. There were numerous plant pots along the edge of the roof, presumably to mark the edge.
We were told by the owners themselves that they had to remove the railings but that they still used it as a terrace as the removal order did not cover the doors.

This was easily over ten years ago and I've just had a look on Maps and the set up is still there, only difference being it looks like the slabs they had put down have eventually caused the roof to leak so half have been taken up. I'm in no doubt that this was used as a balcony and probably continues to be unfortunately.
It was sold in 2017 so I'll try and find the listing and see if it mentions anything.

Hi

thanks for that SistersOfPercy

Yes unfortunately the EN only relates to the railings and screen. There is nothing anyone can do anywhere that can stop people sitting on a flat roof.

I have heard my idiot neighbours saying that if they get refused they will still sit up there with planters round the edge etc. I was going to address that if it happened (eg if they secured the planters that is, in effect, railings in disguise)

However, all this has now changed with them putting the house up for sale (good riddance).

Will just have to take it as it comes with the new owners. hopefully we will now get some decent people living there but I guess you never know.....

PS - that roof terrace in your picture is enormous, even bigger than the ones my idiot neighbours have done.

What is wrong with people?!

that roof terrace in your picture is enormous, even bigger than the ones my idiot neighbours have done

It put us off the house, though in fairness there were lots of issues, the terrace, the shared drive to the left of the picture, the half hearted DIY jobs. It needed a lot of work at the time and looking at it on maps now it's like a building site. I got the impression next door were glad to see them go lol

Are you sure you want to be making it hard for them to sell? I know the balcony is a major issue and I'm not saying to not pursue that, but I'd want rid of those neighbours even more... and then let the new owners sure them for breach of contract!
Also, put it in an email to the estate agents- otherwise they'll deny all knowledge!

Hi wildflowersandweeds

Yes I know what you mean.

I mentioned further up that I don't want to cut my nose off to spite my face, as I want them to go, but I don't want new people to come in thinking they have a balcony and then I have a problem straight away with them.

Also (and I might be soft here) I don't want any poor prospective purchaser to be put in that position

Good idea about email to the EA, thanks

OMG OMG OMG OMG!!

APPEAL DISMISSED!!!!

It is already published within just one week. And the wording in it is quite damning. I have read a lot of appeal notices now and they don't normally use 'provocative' language.

This one uses phrases like:

''''level of overlooking SIGNIFICANTLY in excess of that which would otherwise be available from first floor windows.....'

'....the development SIGNIFICANTLY HARMS the living conditions of neighbouring occupiers...….

I can't believe it. I am slightly shaking! Over a year of shit these selfish arseholes have put me through. JUSTICE FOR DECENT PEOPLE!!!

I just want to say a MASSIVE thankyou to each and every one one of you on here that has supported me through this journey. And all the expert advice from planners on here has been outstanding. Thank you SO MUCH. This has been mumsnet at its very best.

All I want to do is go to the pub and get very drunk. Instead I have to prepare for an important meeting at work!

xxx

Balcony Bastard loser

Is there a list of what they have to do for enforcement? Is it just remove the railings?

Hi

They have to remove the railings and the screen within 28 days ie it just goes back to being a flat roof.

I will still potentially have a problem of what the new owners do, as there is still the French door leading to the flat roof but I'll deal with that later!

Well done, I’m so pleased for you

I have been a lurker on this thread since the beginning, have had absolutely no constructive advice to give you, but silently wishing you well along each step. I am amazed at the tremendous amount of knowledge and support here on Mumsnet
FANTASTIC NEWS!!

Glad to hear it went well. The railings will be in the planning enforcement, but once they are gone the doors won't comply with building regulations due to the danger. They would have to add a Juliet balcony or fix the doors closed. However building regs enforcement is only possible within 12 months unless there's a very big danger eg imminent partial collapse

Fantastic wonderful news.

What a week - their appeal is dismissed and they put the House up for sale.
Time for some bubbles tonight

WooHoo

Once they are gone does this mean you can report it as not adhering to building regs?

Fantastic news!!

An yes, it's unusual for decision to have such emphasis on harm etc, so no doubt how the Inspector felt about things. And that has to be the quickest decision I've ever seen!

Keep on at the Council now to make sure those rails are gone in 28 days.

So pleased for you!

Randommess, what I'm saying is that it's technically not allowed and a builder wouldn't be allowed to sell a house like that, in practice building regs are regularly flouted by people who think they know better, and usually there is no bad consequence.

Look at the number of threads here about removing doors between the house and a conservatory, or having open plan to stairs where there's a loft conversion to show that people get away with all sorts.

Even if reported, building control can't really do much, the owners can just lock the door and say the key has been destroyed.

So pleased at the outcome!

My husband was furious when I told him about your situation so he will be pleased to as he quite often clashes with the planning people in his work, for once sense has come through!

Thats excellent news!

Brilliant news - congrats!

Delighted for you OP, that really is great news. Also fingers crossed for you that the forcefulness of the language in the planning decision puts any new neighbour off attempting any similar cheeky fuckery.

Thank you all!!!

Yes I have tried this point with buildings regs several times. Have spoke to the head of buildings regs but seems there is nothing I can do about it? I would LOVE to be able to though

johnd2 - I was even advised on here that, when the railings came down that constituted 'new' work so the 12 month period began again. But it still got me nowheere with building regs

Yah boo sucks to Balcony Bastard.
But as I have said before, it's not a balcony, it's a roof terrace.

so Yah boo sucks to Terrace Tosser

Congrats!

Congratulations!!! I'm so pleased that you got good news.

Now the sale can commence, and fingers crossed you get some lovely new neighbours.