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Original poster

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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Thread gallery
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Seeline · 27/11/2019 07:39

They can only appeal to the High Court on a legal point is that the correct procedure has not been followed. The High Court will not look at the planning issues. They have to lodge an appeal within 6 weeks I think. And yes, I imagine it would cost thousands.

Original poster
Morley19 · 27/11/2019 08:01

Thanks Seeline as always

The only slight procedural matter I can think of is a point I mentioned pages up, back in May.

The application was submitted with the title 'retention of rear balcony'

The planning officer changed the title to 'retention of rear balcony railings and provision of screen'

I was fuming about this at the time as, to me, it implied the balcony was already in existence. The planning officer said that it was just to make it clear that the application was part retrospective (railings) and part non-retrospective (screen).

The Appeal decisions has a 'procedural matters' section at the start. In that section the Inspector wrote 'the description of development given abive is taken from the Council's Decision Notice rather than the planning application form, as it provides a more concise description of the proposal'

Does that give them a reason to take it to court?

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Bumpinthenight · 27/11/2019 08:36

Surely if the house is up for sale, they won't bother taking it to the High Court?

The balcony can't have put that much onto the cost of the house so they will be massively out of pocket if they do take it further.

They are possibly full of hot air and indignation that they are in the wrong at the moment and are lashing out. They could even be trying to get you worried (it's working!!).

Wait until it happens before worrying.

Seeline · 27/11/2019 08:43

I doubt that changing the description would be sufficient, given that the description given by the Council actually describes what 'development' is being applied for. Development has a precise meaning under planning legislation, and Councils can only consider planning applications for 'development'.

Original poster
Morley19 · 27/11/2019 09:11

hi

Yes I think there is a strong chance it is 'pub bravado' with their intention being for it to get back to me

Let 'em get on with it eh?!

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SantasLittleHelper2019 · 27/11/2019 10:50

If they took it to court no one will want to touch their house with a barge pole. As it is - they may already struggle to sell.

If they also want to waste 1000s let them. I bet they won’t though - sounds like a inner jerk reaction. A good lawyer would tell them to forget it.

At least if they do go back to court it is versus the council not you!

I would ignore, ignore, ignore.

SantasLittleHelper2019 · 27/11/2019 10:51

What a typo!

Should have read knee jerk BUT I think actually inner jerk fits them better

Grin
wowfudge · 27/11/2019 11:34

Well good luck to them. I bet, if they do, they'll claim it's negatively impacting on an agreed sale/their ability to sell.

Hot air. Once they know the costs of High Court action they'll back down. Most likely they will simply sell and move.

StealthNinjaMum · 27/11/2019 11:57

Hello op. I commented on this months ago and I'm glad you got the result from the Planning Inspectorate. And a bonus if they move out.

I speak as someone with no knowledge of the law but want to reassure you anyway. Surely they'd be idiots to consider going further, it would presumably take months to sort out and they'd never sell the house. Do you know if there is somewhere they want to move to? Perhaps that'll help focus their mind on pulling down the railings and actually selling their house.

UnexpectedItemInShaggingArea · 27/11/2019 12:27

It's sounds positive OP notwithstanding the pub-fuelled bravado appeal. Fingers crossed, you have been so tenacious.

gilchrist168 · 27/11/2019 12:54

Woo hoo well done you!

I am so pleased for you. Beyond words!

Balcony Bastards have no chance, ime, of a High Court ruling in their favour. (If it even got that far) Seeline speaks a lot of sense.

All bluster, designed to give you a wobble. Also, who is this "neighbour" to whom they like to chat? It seems to me, BB know whatever they say to neighbour will go right back to you, to wind you up?

Sending you a big pinch of salt! x

Original poster
Morley19 · 27/11/2019 13:05

Thanks Ladies

Yes I think it is just lashing out.

Have also been told this morning that she has put some negative comments about me on social media.

am tempted to put a note through her door along the lines of:

I have been informed you have put some negative comments about me on social media. IF this is the case I request that you remove them as I consider this highly inappropriate. If I am informed of further instances I will take the appropriate actions

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BreakfastAtSquiffanys · 27/11/2019 14:00

Honestly, I would ignore the SM comments.
Unless she's accusing you of criminal activity

Original poster
Morley19 · 27/11/2019 14:13

Yes you're, was just my initial, annoyed reaction to it.

Don't dignify it by mentioning it!

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Original poster
Morley19 · 27/11/2019 17:35

Have found exactly where they are moving to and that they have found the actual house. Let’s hope for a quick sale! X

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MsChatterbox · 27/11/2019 17:49

Whoop whoop happy for you 🥳🥳🥳

Original poster
Morley19 · 27/11/2019 17:52

Thank you!

Where they are moving to is really nice. I used to live there a long time ago and it would definitely have been a contender for me to go to if I was selling

Glad they are going (although do feel sorry for their new neighbours!)

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RandomMess · 27/11/2019 18:05

🤞🤞🤞🤞🤞🤞🤞🤞🤞

ProperVexed · 27/11/2019 18:10

Has the new house got a balcony?

RandomMess · 27/11/2019 18:15

@ProperVexed

😂😂😂😂😂😂😂😂😂

Original poster
Morley19 · 27/11/2019 18:17

Hahaha. Probably not and I don’t think even they would be stupid enough to try this on another property!

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MarieG10 · 27/11/2019 18:27

High court.....they must be deranged if it is other than bravado

Original poster
Morley19 · 27/11/2019 18:34

Yes MarieG10 I think they are

Remember these are the people that, on their appeal form, the reason they put in support of their appeal was that ‘the Insowctor really needed to come and view it in person to appreciate the wonderful views it gave them!’

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MrMeSeeks · 27/11/2019 21:16

Haha let them take it too the high court, they clearly deserve to lose money Grin

Original poster
Morley19 · 28/11/2019 07:52

Precisely!

It is defo just bravado.

however, they will also think they can take it to the High court to get the decision reversed, which obviously they can't

Let them get on with it.

She is apparently 'upset' over the appeal decision. How does she think I've felt for the last 1 1/2 years?! Maybe this will be a lesson to her. Don't treat people like shit! Doubt it though, people like this never see themselves as being in the wrong.

Sorry for the rant!

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