Advice on fighting planning enforcement

Dan_J

Hi all,

About 15 months ago a balcony was completed attached to the rear of a side extension on my property. I foolishly did not apply for planning (was a requirement of building regs to have an exit / took bad advice / was a bit nonchalant about it). A couple of weeks ago a chap from the council came round to inform me there had been a complaint etc. I have now received an email, the substance of which reads:

"I discussed this case with my manager and it has been determined that the balcony area is considered harmful and impacts on neighbour amenity.



According with Schedule 2, Part 1, Class A, Paragraph K (i) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), the enlargement, improvement or other alteration of a dwellinghouse is not permitted by Class A if it would consist of or include the construction or provision of a verandah, balcony or raised platform.



Considering the above, in order to resolve this and ensure that the development is considered acceptable with regards to permitted development, you must completely remove the unauthorised balcony by Friday 13th March 2020. Please provide photographic evidence that the raised platform has been removed by this date, so this enforcement case can be closed with no further actions."



I have already asked for an extension to the time period, which was agreed. Now what I don't really understand is what to do next. As far as I am aware there is no right of appeal until an enforcement notice is served, which would follow the end of the period set by the council to remove the balcony.

However - the council have told me:

"The service of an Enforcement Notice is the course of action the Council would wish to avoid, as it would stay on the land in perpetuity and can affect your ability to sell or lease this property in the future. There is a right of appeal to the Secretary of State (at The Planning Inspectorate) against the Enforcement Notice."

So....I either just follow their decision and remove it or wait till the enforcement notice and appeal, at which point it would remain on the house "in perpetuity"?

I do think I could successfully appeal, but I am worried that just sitting it out will lead to an enforcement notice that I will never be able to rescind. What happens if I win an appeal and what happens of I do not?

Can I only appeal AFTER the enforcement NOTICE is issued? So what is the email...just kind of a polite "hey, get rid by this date and we won't mess you around." Also, if I appeal I presume the council can take no further action until the appeal has been completed and then have to give me some time to carry out the demolition (is appeal unsuccessful). Finally, surely the enforcement notice would be removed at any time in the future that compliance is met?

Many thanks!

Doozergirl

How can you appeal if balconies are never allowed under permitted development? On what grounds do you think you can successfully appeal?

You need to apply for planning permission. If that fails, then you can appeal.

Dan_J

Doozergirl wrote: »

How can you appeal if balconies are never allowed under permitted development? On what grounds do you think you can successfully appeal?

You need to apply for planning permission. If that fails, then you can appeal.

Thanks Doozer,

Sorry, I am messing up what I meant there. So, at this point, I could apply for retrospective planning? That's what I meant by "appeal" at this point. However, if I "appeal" to the planning inspectorate that would also, as far as my research indicates, also include an application for planning and associated fees.

Doozergirl

There is a fee to apply for planning permission.

Any subsequent appeal is free but professional advice costs money, yes, and you're going to need to demonstrate that it meets planning policy.

You don't exactly need much in the way of drawings if the balcony already exists. You could almost certainly do some rudimentary drawings yourself and use photos to back it up.

Have you looked at the design guidance that your local authority will produce? The fact that your planning officer has categorically stated that it affects neighbour amenity is not a good sign, otherwise I suspect they'd be asking you to apply for permission. Balconies are certainly contentious where I live. Ours is a "High Quality Design Guide" and under key considerations for all dwellings it says.

"4.2.32 Balconies will only be acceptable where it can be demonstrated that the privacy of adjacent residents can be safeguarded by ensuring that there is no direct overlooking of windows or, at close quarters, the rear gardens of adjacent dwellings."

It sounds like yours fails immediately on our local criteria.

Escapes are needed for building regs, but that can be a window with opaque glass. You need to be careful not to throw good money after bad here.

Dan_J

Doozergirl wrote: »

There is a fee to apply for planning permission.

Any subsequent appeal is free but professional advice costs money, yes, and you're going to need to demonstrate that it meets planning policy.

You don't exactly need much in the way of drawings if the balcony already exists. You could almost certainly do some rudimentary drawings yourself and use photos to back it up.

Have you looked at the design guidance that your local authority will produce? The fact that your planning officer has categorically stated that it affects neighbour amenity is not a good sign, otherwise I suspect they'd be asking you to apply for permission. Balconies are certainly contentious where I live. Ours is a "High Quality Design Guide" and under key considerations for all dwellings it says.

"4.2.32 Balconies will only be acceptable where it can be demonstrated that the privacy of adjacent residents can be safeguarded by ensuring that there is no direct overlooking of windows or, at close quarters, the rear gardens of adjacent dwellings."

It sounds like yours fails immediately on our local criteria.

Escapes are needed for building regs, but that can be a window with opaque glass. You need to be careful not to throw good money after bad here.

Morning Doozer and many thanks for your helpful response. I am going to take some free professional advice in regards to whether planning might be granted. I do have some hope with this as the enforcement officer literally emailed me (the day before the enforcement email) that "...my understanding is that the platform, although in breach of planning control, do not considerably impact on neighbour amenity. I understand that the platform do not increase overlooking to neighbouring properties, as you would have the same views from the back windows."

Thanks again

Undervalued

Dan_J wrote: »

Hi all,

About 15 months ago a balcony was completed attached to the rear of a side extension on my property. I foolishly did not apply for planning (was a requirement of building regs to have an exit / took bad advice / was a bit nonchalant about it). A couple of weeks ago a chap from the council came round to inform me there had been a complaint etc. I have now received an email, the substance of which reads:

"I discussed this case with my manager and it has been determined that the balcony area is considered harmful and impacts on neighbour amenity.



According with Schedule 2, Part 1, Class A, Paragraph K (i) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), the enlargement, improvement or other alteration of a dwellinghouse is not permitted by Class A if it would consist of or include the construction or provision of a verandah, balcony or raised platform.



Considering the above, in order to resolve this and ensure that the development is considered acceptable with regards to permitted development, you must completely remove the unauthorised balcony by Friday 13th March 2020. Please provide photographic evidence that the raised platform has been removed by this date, so this enforcement case can be closed with no further actions."



I have already asked for an extension to the time period, which was agreed. Now what I don't really understand is what to do next. As far as I am aware there is no right of appeal until an enforcement notice is served, which would follow the end of the period set by the council to remove the balcony.

However - the council have told me:

"The service of an Enforcement Notice is the course of action the Council would wish to avoid, as it would stay on the land in perpetuity and can affect your ability to sell or lease this property in the future. There is a right of appeal to the Secretary of State (at The Planning Inspectorate) against the Enforcement Notice."

So....I either just follow their decision and remove it or wait till the enforcement notice and appeal, at which point it would remain on the house "in perpetuity"?

I do think I could successfully appeal, but I am worried that just sitting it out will lead to an enforcement notice that I will never be able to rescind. What happens if I win an appeal and what happens of I do not?

Can I only appeal AFTER the enforcement NOTICE is issued? So what is the email...just kind of a polite "hey, get rid by this date and we won't mess you around." Also, if I appeal I presume the council can take no further action until the appeal has been completed and then have to give me some time to carry out the demolition (is appeal unsuccessful). Finally, surely the enforcement notice would be removed at any time in the future that compliance is met?

Many thanks!

What do you base that on? Sound expert advice or fond hope?

Obviously council planning departments can make mistakes. However they are generally fairly expert about what is and is not allowed.

Personally I would only spend time and money fighting this if I was convinced I had at least a 75% chance of winning.

You say you.....

took bad advice / was a bit nonchalant about it

don't make the same mistake twice!

Dan_J

Undervalued wrote: »

What do you base that on? Sound expert advice or fond hope?

Obviously council planning departments can make mistakes. However they are generally fairly expert about what is and is not allowed.

Personally I would only spend time and money fighting this if I was convinced I had at least a 75% chance of winning.

You say you.....



don't make the same mistake twice!

Thank you Undervalued...sage advice! My hope is due to the enforcement officer literally telling me the day before, by email: ""...my understanding is that the platform, although in breach of planning control, do not considerably impact on neighbour amenity. I understand that the platform do not increase overlooking to neighbouring properties, as you would have the same views from the back windows."

In subsequent emails other issues were raised (such as view from a street which is at a much reduced elevation, and from which the balcony is barely visible.)

I will not be throwing good money after bad. I am taking free advice from a professional and will be seeking to negotiate with the council to alter the structure and "use" of the balcony / platform to meet requirements. Currently I am largely exploring options and buying time as to remove the thing in it's entirety would be devastating.

Newuser1987

I would advise strongly against taking any advice from the enforcement officer. They are not there to advise on what would be acceptable under planning policy only when there is a breach. The planning department would need to assess the impact which is why you should submit a retrospective planning application.

Its quite rare for an enforcement notice to be issued unless they felt like they had a strong case because it costs them money to do so. Normally if there was a breach of planning and they felt it would be acceptable under planning policy they would send a friendly nudge for you to submit a retrospective application.

Balconies are rarely acceptable when in close proximity to boundaries. The argument of it being similar to a window just isnt strong enough. A person sitting out on a balcony with the potential to overlook a neighbour is very different to looking out from a window.

I would expect a fight on your hand. Firstly I would be surprised if any 'free' professional advice would tell you what you want to hear. Especially without the caveat that you would need to pay £1500+ for a planning statement to support the application and appeal.

ProbablyNotTheDriver

How close is the balcony to neighbours?

If the balcony is at first floor then, generally, it will need to be at least 21m away from the side and rear boundaries of the site if there are neighbouring gardens beyond.

If it’s less than 21m to the side boundaries (which most obviously are), sometimes you can put up some kind of screen to block views out that way. A screen could introduce overbearing impacts and loss of light to neighbours though, as well as not look great, so isn’t always acceptable.

If the balcony is close to a neighbours garden and screening won’t be acceptable then you wouldn’t have much chance I’m afraid.

You’ll have to wait for the enforcement notice if you want to appeal to the planning inspectorate. You could submit a retrospective planning application but it sounds like it would just be refused so there wouldn’t be much point- unless there are smaller changes you can make to make the balcony acceptable.

Dan_J

Thanks Newuser1987 and ProbablyNotTheDriver - very helpful advice. Seeing as how I have bought some time with the council I am negotiating keeping the balcony platform, as this is not seen from any street, and the stairs whilst removing the canopy and pulling the railing closer to the house so there is no seating area whilst a "fire exit" is maintained. Whilst I am not an expert in the area I have a wealth of relevant information now and I would be surprised if such a proposal, whilst still requiring planning permission, would not be approved.

The annoying thing with this is that the only "neighbours" it overlooks had their house built in 2017...it's just their bedroom windows which I could "look into" and which are a good 25m or so away whilst before then there was a just 25m drop to derelict land. Also, the balcony is invisible to all around as soon as the leaves come back in Spring. Frustrating!

Ozzuk

Dan_J wrote: »

Thanks Newuser1987 and ProbablyNotTheDriver - very helpful advice. Seeing as how I have bought some time with the council I am negotiating keeping the balcony platform, as this is not seen from any street, and the stairs whilst removing the canopy and pulling the railing closer to the house so there is no seating area whilst a "fire exit" is maintained. Whilst I am not an expert in the area I have a wealth of relevant information now and I would be surprised if such a proposal, whilst still requiring planning permission, would not be approved.

The annoying thing with this is that the only "neighbours" it overlooks had their house built in 2017...it's just their bedroom windows which I could "look into" and which are a good 25m or so away whilst before then there was a just 25m drop to derelict land. Also, the balcony is invisible to all around as soon as the leaves come back in Spring. Frustrating!

I'd be surprised if they go for that, too easy to revert. I'd also be very unhappy if you built a balcony that looked into my bedroom. Not many people stand looking out of a window for long periods of time, but that is exactly what a balcony is for.

Could you take it a step further and turn into a juliet balcony? Would give you air without creating a space to sit and watch your neighbours antics...