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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

OP posts:
Thread gallery
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Original poster
Morley19 · 02/12/2019 20:02

Hi all

So my delightful neighbours have done exactly what I expected. ‘Created’ a version of a balcony with planters etc

I have a few ideas but any suggestions on how to tackle this with council departments would be greatly received. Thanks, as always xx

Balcony and planning permission *images removed by MNHQ at OP's request*
Balcony and planning permission *images removed by MNHQ at OP's request*
OP posts:
Original poster
Morley19 · 02/12/2019 20:04

Photos here

Balcony and planning permission *images removed by MNHQ at OP's request*
Balcony and planning permission *images removed by MNHQ at OP's request*
OP posts:
RandomMess · 02/12/2019 20:09

Seems insane that you can't go to building regs and show that they are using it as a balcony and should have Juliet railings installed Angry

Debinaround · 02/12/2019 20:21

Oh ffs, they are taking the absolute piss now. Angry I would wait until they were out then get some ladders, climb onto the roof and chuck the bloody planters to the ground. It's been so windy lately hasn't it? Wink

Original poster
Morley19 · 02/12/2019 20:24

I know

This is what I must have a valid point on though. In the wind they could blow onto my head! (They aren’t full of soil).

What about health and safety at the council?

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RandomMess · 02/12/2019 20:25

Air rifle for Christmas?

BonnesVacances · 02/12/2019 20:26

Can you put a great big sign on your lawn saying Fuck off inconsiderate neighbours? They won't find the view so nice then. Basically you need to make it awkward for them to sit out there.

RandomMess · 02/12/2019 20:28

Sprinklers directed at the balcony with sensors that get triggered when they are out there...

Original poster
Morley19 · 02/12/2019 20:31

Haha I LOVE all these ideas! At least you have made me laughgirls 🤣

Do you think I have any chance with health and safety at the council?

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Debinaround · 02/12/2019 20:36

You're right OP, surely that must be a H&S no no. If one of them went flying off and hit you it could do some serious damage.

Hope the council take this seriously and tell them to take them down. Bloody idiots.

PlumsGalore · 02/12/2019 21:42

FFS, that’s worse than the railings. Who would want to sit in December on a flat roof with open sides and a few empty planters?

GinandGingerBeer · 02/12/2019 23:23

Nooooooooooooooooooo AngryAngryAngryAngryAngryAngryAngryAngryAngryAngry
I can't bloody believe it, well I can but FFS.
Sad

Sistersofpercy · 03/12/2019 00:03

Plant daffs to spell "Twats" on your lawn?

Speak to the council but as with my balcony thing above I don't think there is much that can be fine.

justilou1 · 03/12/2019 00:47

How about a sign with “Planning Dispute In Force” that would go down well

Original poster
Morley19 · 03/12/2019 05:50

Out of interest what is your honest opinion on what you would think as a viewer, if you went to view this property now?

Would you still be willing to buy it? X

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wowfudge · 03/12/2019 07:50

As a viewer at this stage I would be querying why the railings have gone. The neighbours will be telling people how to use it without infringing planning rules.

Send the council your photos and take some from your bedroom window too. The only way this is going to stop is by having Juliet railings fitted to the French doors making it impossible to step out onto the roof.

wowfudge · 03/12/2019 07:51

Fwiw it's a beautiful setting and a balcony doesn't make it more so. You need a buyer who isn't an arsehole and who isn't bothered by the balcony situation.

RandomMess · 03/12/2019 07:53

I think it depends what you're told! If you desperately want the balcony and told you can't have railings you aren't necessarily going to realise that the neighbours are utterly pissed off.

wowfudge · 03/12/2019 07:53

Apologies for the multiple posts, but they're actually playing into your hands as they've left chairs out there. If they were trying to claim the planters were for safety, there'd be no chairs.

Original poster
Morley19 · 03/12/2019 08:09

Thanks ladies

This is my problem though. I have already spoken to head of buildings regs about insisting they put a juliet railing up. It was a lengthy reply but basically they can't do it. the only time they could have done it is within 2 years of the flat roof being changed to a pitched roof but even then she said, if they subsequently took the Juliet railing down, they don't really have enforcement powers!!

with regards to the chairs being up there, there is nothing planning can do about that. they can't stop people sitting on their roof

I am going to send the picture to various departments and see where I get

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Original poster
Morley19 · 03/12/2019 09:32

Here is a slightly better photo for you. Can get better photo at the weekend when it is daylight

Balcony and planning permission *images removed by MNHQ at OP's request*
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PanamaPattie · 03/12/2019 10:15

As a viewer, I wouldn't buy the house, because firstly, it doesn't look safe and secondly I would feel I didn't have any privacy!

Original poster
Morley19 · 03/12/2019 10:22

It definitely isn't a family home now is it? No way you could risk kids going out there.

To be honest I wouldn't fancy going up there (especially after a glass of wine!), just one wrong footing...….

I think if I was a viewer and I really loved the house I would still put an offer in but it would take account of the fact that I would need £10k to correct all this - put it back to a pitched roof and a window

That would be my dream new neighbour!

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BubblesBuddy · 03/12/2019 10:31

I am assuming there is no ruling from the Planning Inspectorate yet.

I would however contact the Planning Authority about whether the doors should be replaced by a window to prevent any use of this flat roof for a "balcony" or seating area. What did the enforcement notice say regarding "use" of this space as opposed to removing the railings? Is this in contravention of the enforcement notice?

Original poster
Morley19 · 03/12/2019 10:41

Hi

Yes the planning inspector has dismissed their appeal. So they have removed the railings and now done this.

Unfortunately the 'use' issue is a battle I have has from the start. The planning office can't do anything to stop them 'using' the flat roof. It is a ridiculous loophole in our planning laws. All they could enforce against is physical development. The EN notice didn't make any reference to 'us.' In fact the initial delegated report refusing permission included the following:

The use of the flat roof by the occupiers of the dwelling for any purpose incidental to the enjoyment of the dwelling house is permitted development not requiring planning permission and does not separately amount to a change of use. The railings and screen do however require the benefit of a planning permission.....

I am going to go back to planning though on the basis that the planters are just railings in disguise, enclosing the flat roof.....

I am also going to try building regs again, health and safety etc - as in causes a safety issue for ME in terms of those planters falling off the roof onto my property

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