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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
9
Chickencellar · 06/05/2019 19:03

I'm not sure the council could do anything about them sitting on the roof. I'd guess it's like me climbing up onto my pitched roof and sitting on the ridge . I doubt the council would do anything as it's not within their remit.

Original poster
Morley19 · 06/05/2019 19:24

Hi

Thanks for your reply

Yes unfortunately I realise I can’t do anything about them just sitting there. But was wondering about the other ways I mentioned of preventing them in effect ‘creating’ a balcony

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ChinaBear · 06/05/2019 19:47

I’m not an expert but I believe you should be able to report a safety risk to the council? Your neighbour can’t put pots on the roof that could fall on your head!

Also your photos show French doors which wouldn’t be permitted to remain under building regs as they lead to an unfenced balcony. If planning permission is denied they’ll have to either put the window back or put a Juliet balcony over the door.

Don’t forget, even if they get permission you have the right to appeal (so do they unfortunately).

Original poster
Morley19 · 06/05/2019 20:02

Hi China

Thanks for your reply

I have spoken to building regs as I thought they wouldn’t be allowed french doors with no safety railings but was told that as it was private property it was their lookout if they wanted to risk falling off the roof?

I didn’t think I had any right to appeal as an objector to an application? I thought it was only the applicants that had a right to appeal?

Thanks

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Wildidle · 06/05/2019 20:20

An objector can't appeal a permitted application. The only route would be for a Judicial Review, and all that really looks at is whether a decision was made lawfully, i.e correct processes were followed etc. It's also very expensive.

www.richardbuxton.co.uk/the-law/judicial-review-process

ChinaBear · 06/05/2019 20:32

Get a broomstick and push their pots off the roof? And if they fix them down, complain to the council that they’ve created a permanent structure in contravention of planning rules.

Original poster
Morley19 · 06/05/2019 21:06

Great idea China, am off to order my broomstick 😂

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MyNameIsJane · 06/05/2019 21:26

Keeping my fingers crossed that they will find in your favour. I wish there was a CF avenue where these people could be banished to where their neighbours are more cf-ish than them.

RandomMess · 06/05/2019 21:37

I was thinking air rifle or pellet gun on the pots...

Original poster
Morley19 · 06/05/2019 21:54

Thank you

Haha I LOVE the idea of CF Avenue! In CF Village. These two are prime candidates!

Pellet gun great idea too

If this thing gets approved tomorrow I really will lose the will to live.......

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llangennith · 06/05/2019 22:17

DD1 bought a house with French doors opening from her bedroom onto the kitchen roof. When she moved in she discovered a sheet of glass turning it into a Juliet balcony. The previous owner told her it'd been part of him getting his PP (he'd done a lot of work on the house) that he couldn't have access to the rooftop. So he reinstated it for the sale and DD removed it after she moved in. FYI it doesn't overlook anyone.
This was in Brighton.

PCohle · 06/05/2019 22:22

Good luck tomorrow OP!

Original poster
Morley19 · 06/05/2019 22:34

Thanks both

That’s the big difference isn’t it, Llangennith, she doesn’t overlook anyone.

Most people are decent and wouldn’t dream of doing what my neighbours have done

Thanks PCohle. I will update the thread, good or bad news

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AnchorDownDeepBreath · 06/05/2019 22:41

Our neighbours had a balcony like that when I was a kid!

It was denied PP; and they took the railings off and used it anyway. My foster mum reported her every time she used it, but it didn't come to much. I think once or twice the council sent "warning" letters about the volume of conversation or the risk of having furniture that may cause damage to our house if it fell off, but no one else would really help.

Not what you want to hear, I know, but I thought it was worth saying just incase it helps you maybe think of ways of coping if they do take the railings down. It does feel unfair that this can happen!

Best of luck for tomorrow.

Original poster
Morley19 · 06/05/2019 22:48

Thanks Anchor

That is my fear. I think they are going to use it anyway and, even though I will report it any way I can, I fear it will come to nothing

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llangennith · 07/05/2019 00:12

That’s the big difference isn’t it, Llangennith, she doesn’t overlook anyone.

My point was that they couldn't have the doors opening onto an unfenced balcony even though they don't overlook anyone.

Original poster
Morley19 · 07/05/2019 08:09

Sorry yes I understand that.

What I don't understand is my council's attitude to this. They just said that, as it is private property, if they want to be so stupid and risk falling off it that is their lookout.

Doesn't make any sense to me. I may have to revisit this with them

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RaptorWhiskers · 07/05/2019 08:42

Perhaps the council also agrees it’s stupid but has no legal recourse to stop them. It’s not illegal to be an idiot. It may be illegal to risk the lives of others eg its negligent if a pot falls, so I’d still pursue that if things don’t go the way you’d like.

BreakfastAtSquiffanys · 07/05/2019 09:15

It's interesting that they have had the flat roof and doors for several years already and not yet sat out there.

GarthFunkel · 07/05/2019 09:29

if they want to be so stupid and risk falling off it that is their lookout But what if they fall off onto you, or your patio? Obviously you could fashion some cheval de frise arrangement for them to land on rather than a trampoline Grin but what would your liabilities be?

Original poster
Morley19 · 07/05/2019 09:31

very good points you all raise thank you.

will update you on the decision and then take it from there. I think the safety angle will be my line of attack if the idiots start using it anyway

thanks all

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MissingInActionYouSay · 07/05/2019 09:50

Bloody hell this is crazy. Good luck op

Original poster
Morley19 · 07/05/2019 09:51

Decision won't be today.

council have told me that, due to elections and heavy workload, there is going to be a delay on the decision in this application

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BubblesBuddy · 07/05/2019 11:15

So the Planners are planning the elections? Really?

Original poster
Morley19 · 07/05/2019 11:22

precisely Bubbles....

I did email back and ask if they had an idea of the likely delay. The response said no, workload was heavy at the mo, but if I emailed back towards the end of next week then they might know better then. So in other words I'm not getting the decision till at least the end of next week!

Argh!

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