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

What happens if they walk over onto your roof and then have an accident, do you become liable?

Therefore needs a barrier that they are not able to have..

I agree that the planters are a barrier/railings anyway...

I have sent an email (and photo) to the head of planning department and enforcement officer.

Don't hold out much hope but shall see.

I think they are sick to death of me!

I wonder if there is a civil action you can take? Have you legal cover with your house insurance?

I have been thinking the same RandonMess - I'm not sure on what basis specifically but I think it may be worth speaking to a solicitor?

In fact, maybe it would be worth me pitting a post in the legal section on here?

Well asking here won't cost you anything, it may be quite a specialist query?

yes could be I think.

I will get some better pics in daylight at the weekend and then put a post in the legal section

thanks

Blimey! What depths these people sink to.

Agree, look at some kind of civil action.
Private nuisance?

It's tantamount to ongoing harassment. You can take a civil action under Protection from Harassment legislation as well as there being a criminal route, as far as I recall.

No expert on land law at all, but an injunction of some kind?

Have you a copy of their deeds? (Land Registry)
Are there any covenants on the properties which are being breached?

Sorry for the rant.
I'm really upset for you.

gilchrist that was a lovely, constructive rant. I think we're all feeling angry for poor op. Let's hope there is a way of getting those stupid tubs put away and a buyer can be found who is more considerate - although I suspect the neighbours will find it difficult to sell.

If I were viewing that house those planters would scream 'planning dispute' and 'this flat roof has been converted by dicks'. It's so far away from what you'd expect from a legit roof terrace that surely any buyer would be wary of it. I would worry that the roof wasn't designed to be walked on.

Yes it was a constructive rant, love it! Have got so much support on here.

ArlenesWoodBurnungStove - love your review of the property! They certainly are dicks!!

I think people are going to view, open the doors and think ‘what the hell is this?!’

I can't remember if you said whether the dicks house is a family home? I would look and think that it was a bloody death trap and at least one of my kids would probably fall off the roof.

Hi yes the estate agent describes it as a stunning family home?!

Hmmm a stunning family home if you hate your family maybe. I would have to change it back to how it was originally. I couldn't stand the stress of someone falling.

That would be my dream, that someone changes it back to a pitched roof and window

No more news?

Hi

The planning department have eventually replied saying there is no further action that they are taking (I queried the planters). To be honest I think the planning department are sick to death of me!

House still up for sale.

I haven’t looked knot other ways of challenging the planters yet.

Urgh how annoying!

I hope you haven't got the high winds we have in your area!

The planning officer replied to me again yesterday saying he had spoken to the neighbour and the planters aren't fixed to the property.

So they are loose. I think they are very heavy but I guess there is still the chance that very strong winds could blow them my way (even onto my head).

Just don't really know if there is any department I could challenge that with

Did you ever speak to someone legal (ie via house insurance) about directly flagging up with your neighbour that they pose a safety risk to your property and people within your property boundary ie should the planters or a person fall off their roof?

Is their roof attached to your property at all? Could it be alerted that your wall was never assessed for taking the weight of planters plus people standing on their roof and it is likely to cause damage to your property and was never mentioned in the party wall agreement?

Hi RandomMess

Thanks for that, good advice.

No I haven't spoken to a solicitor on that point, I will try and look into that.

No the roof isn't attached to mine at all.

thanks again