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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:
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Original poster
Morley19 · 05/12/2018 10:06

Absolutely Breakfast, very good point! (and god I hope they move one day).

but am similarly worried about me moving (have no plans to, but you never know).

If allowed this balcony would severely affect the saleability (not to mention price) of my house. There is now way I would buy it now

OP posts:
Seeline · 05/12/2018 10:39

The Chair of the Parish Council might not be a Councillor on the Local Authority Council (and it is them that make the decision). The Parish Council can lodge an objection with the Local Council, but don't determine the application.
There should be a list of Ward Councillors on your Council website - contact one of your local ones there too.

AlanThePig · 05/12/2018 10:52

I was thinking about this in bed last night. Years ago DH and I viewed a dormer bungalow with an almost identical balcony. The bungalow was bit higher than its surroundings and so the roof overlooked everything.

When we viewed there was no railing around the perimeter but the owner eagerly took us on to the roof via french doors telling us that the council had made them remove the railing but it was still a useable space without and they did indeed have table and chairs out there.

We walked away (well, more of a run actually) so I never discovered what happened next but if I were you I'd be fighting as much for that door to be removed as the railing to avoid the scenario.

Original poster
Morley19 · 05/12/2018 12:53

Thanks

I now have the contact details for the chair of the parish council and the ward councillor so will be contact them when the applications is submitted

Alan - need to give you a bit more of the back story to explain the doors etc. The changed the pitched roof to a flat one and put doors in just over 4 years ago. At the time I informed them that if they were thinking of doing something up there they needed planning permission (unless of course they just put a Juliette balcony up which could have been their plan for all I knew at the time (I am also aware that it is only a certain type of Juliette balcony that falls within permitted development - ie no platform).

I actually spoke to planning department at the time, gave them all details etc and they said that they didn't need planning permission to change to a flat roof or put doors in but if it ever turned into a balcony by either putting railings up to enclose the roof or just starting to sit out etc on the roof without railings then that is a change of use that needed planning permission. They told me to contact them if that happened

Spoke to buildings regs too. Obviously they needed certain buildings regs to be met with regards to the doors. I queried whether they were breaking building/safety regs without putting a safety railing eg Juliette balcony outside the doors. The officer said that as it was a private property it was their lookout if they didn't put safety railing up (??)

So the council have know about this potential project but couldn't do anything until a breach had been committed ie change of use. I even had the enforcement officer come and look at the flat roof back in August before the railings went up.

My neighbours tried saying (shouting) to me that 4 years had passed and no one objected. They think that just because they have had a flat roof for 4 years they have had a balcony for 4 years. I corrected them on this (which planning have agreed with me on - all they have had is a flat roof and doors to nowhere. The space was not enclosed to create a balcony, neither was it ever used as a balcony - they may try lying on that but there are plenty of neighbours to dispute that)

So I don't think I can get them to take the doors out. I think their options are fit a Juliette railing, leave it as it is and never use it, or put the flippin thing back to a pitched roof (they won't be happy leaving it with a door and no railings)

sorry for the rant!

OP posts:
wowfudge · 05/12/2018 13:24

They're trying to be clever, aren't they? Like the guy who hid his house behind hay bales. Idiots.

AlanThePig · 05/12/2018 14:03

Cheeky sods. I actually went to have a look at the house we viewed on maps on the back of this thread and they still have the doors there, but the still railing less balcony has plants and paving on it.

Have everything crossed for you.

Original poster
Morley19 · 05/12/2018 14:10

Yes wowfudge they are very cheeky and are trying to screw me over.

They have picked the wrong girl!

Thanks Alan

OP posts:
Chocolatedeficitdisorder · 05/12/2018 16:56

My (detached) neighbour applied for a balcony a few years ago which would have overlooked our garden as well as the garden on the other side. We opted not to object, but the far side neighbours did. I believe the planning officer visited next door and quietly recommended that he withdraw his application and save himself any further cost on a project which would ultimately be refused. He did exactly that and all is well.

reservoircats · 05/12/2018 17:23

I have nothing helpful to add but i hope you get this resolved OP. That is just horrible - I couldn't bear the thought of someone sat on that balcony looking into my bedroom :( Not to mention the noise in the evenings!

Original poster
Morley19 · 05/12/2018 19:22

That is encouraging Chocolate, thank you

Thanks for the good wishes reservoir, fingers crossed

OP posts:
Incognitto · 05/12/2018 19:59

Please keep us updated Morley. I was in this situation with my neighbours but thankfully they backed down before the railings got installed. I think it's a pisstake & I hope they're forced to have them removed. Haven't RTWT but perhaps try & get the planning inspector to visit your garden? & send photos with your objection.

Original poster
Morley19 · 05/12/2018 20:19

Thanks Incognito

Yes I will definitely keep this thread updated. I think it is useful info for anyone that may get put through this. I just hope the planners see sense and make them take the railings down

The niggle I have is that they have obviously got some comfort from somewhere as those railings will not have been cheap, you are looking at a few grand

OP posts:
Wauden · 05/12/2018 22:06

I noticed that several posts say it is a balcony, but it isnt one, it is a roof terrace.

Original poster
Morley19 · 06/12/2018 06:25

Thanks Wauden, yes I agree

OP posts:
mathsquestions · 06/12/2018 06:48

If you catch them using it make sure to take another photo

Original poster
Morley19 · 06/12/2018 08:17

Definitely Maths, I would be out there like a shot taking a picture of them - 'smile!'

OP posts:
llangennith · 06/12/2018 09:32

When I read your OP yesterday I hadn't noticed the second photo of their balcony taken from your back garden. Their balcony is HUGE!

Original poster
Morley19 · 06/12/2018 09:42

It is isn't it llangennith.

that is why I was saying it is more akin to a roof terrace. They are just taking the piss

They are the same neighbours that have dumped a hot tub as close to my house as possible too. Right up against the fence right next to my back door. But that's another story.................

OP posts:
mathsquestions · 06/12/2018 22:25

Buy a nice sprinkler to use when they use the hot tub

Original poster
Morley19 · 06/12/2018 23:03

Haha fabulous suggestion Maths!

I have had some absolutely excellent advice on here, am so grateful. I will definitely keep the thread updated when there is further news

Thanks

OP posts:
BreakfastAtSquiffanys · 07/12/2018 10:34

When you formally object (after their application goes in), do not refer to it as a balcony - which minimises it.
Always refer to it as a roof terrace, which is what it is.

Original poster
Morley19 · 07/12/2018 13:00

Thanks Breakfast, it certainly is a roof terrace isn't it.

Will make sure I refer to it as such

OP posts:
africa1 · 11/12/2018 11:49

This is ridiculous and should just be laughed out of planning.

Unfortunately that doesn't always happen in councils and, I hate to say it, but sometimes it is a case of 'who you know......'

Original poster
Morley19 · 11/12/2018 12:01

I agree Africa and that is what I am worried about

I know they are friendly with certain Councillors. I know that should make no difference at all but I also know the real world we live in!

OP posts:
madmum5811 · 11/12/2018 12:56

OH joked to a planning officer many moons ago about a brown envelope. "That will do nicely" he said. OH almost fell off his bar stool.

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