Advice on fighting planning enforcement

Dan_J

Ozzuk wrote: »

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...

Thanks Ozz - I do appreciate your reply and can understand it on the basis of the information available to you. However, the aspects, positioning etc of the building / stairs are quite unique and it is not like it's just staring in to the neighbours bedrooms. Imagine my house sat at the top of a hill with the whole thing hidden by foliage... I really should post a picture :rotfl:

Doozergirl

Dan_J wrote: »

Thanks Ozz - I do appreciate your reply and can understand it on the basis of the information available to you. However, the aspects, positioning etc of the building / stairs are quite unique and it is not like it's just staring in to the neighbours bedrooms. Imagine my house sat at the top of a hill with the whole thing hidden by foliage... I really should post a picture :rotfl:

Foliage doesn't count because it cannot be classed as permanent.

Newuser1987

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.

When you say negotiate I assume you mean submit a retrospective planning application. There is no need negotiating as without the paper to say it is permissible then the enforcement action still stands. I would just suggest you submit the application asap and if you have no concerns that it would be refused then the problem would then go away.

Dan_J

Newuser1987 said:

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.

When you say negotiate I assume you mean submit a retrospective planning application. There is no need negotiating as without the paper to say it is permissible then the enforcement action still stands. I would just suggest you submit the application asap and if you have no concerns that it would be refused then the problem would then go away.

Well, if the current structure is unlikely enough not to be granted planning I was thinking of negotiating to adapt the structure to one that would meet planning. Just a thought.

However - let me give a better description of the scenario... My house was built in the 60's and it's positioning means that it "overlooks" a large area with the side in question like a castle looking out over a village on the top of a hill (I don't mean this in terms of scale or grandeur). Prior to 2016 the end of the (rear) garden lead to a practically sheer drop of about 15 - 20 metres, and at the bottom was derelict land. In 2016 a row of 3 story houses were constructed with windows (and one balcony) on the aforementioned land, which look directly into my garden / house (distance from houses / windows to my garden about 3 metres.) Why there were no objections raised by the former owners I have no idea (there is not indication of comments on the planning application for the development.)

I bought the house in 2017. The house is built on quite a steep slope so the rear is much lower than the front. As such the "balcony" is actually on the ground floor with steps leading down to the garden. Now, the key thing here is that I can stand or sit in my garden and have direct view into all the neighbours windows. Being naturally much closer to the neighbours windows the "overlook" afforded to me from the garden is naturally much greater than from the balcony. The balcony gives no "additional" or more intrusive overview whatsoever. On this basis I believe may have good grounds to successfully apply for retrospective planning. I mean....do the council not want me being in my garden now because someone built a load of houses that overlook me?

sevenhills

Dan_J said:

Well, if the current structure is unlikely enough not to be granted planning I was thinking of negotiating to adapt the structure to one that would meet planning. Just a thought.
Why there were no objections raised by the former owners I have no idea (there is not indication of comments on the planning application for the development.)
On this basis I believe may have good grounds to successfully apply for retrospective planning. I mean....do the council not want me being in my garden now because someone built a load of houses that overlook me?

I don't think negotiate is the right term when dealing with planning. Its just a matter of complying with their basic rules.

Maybe if you visited them and spoke to a planning officer in person, often better, face to face.

Dan_J

sevenhills said:

Dan_J said:

Well, if the current structure is unlikely enough not to be granted planning I was thinking of negotiating to adapt the structure to one that would meet planning. Just a thought.
Why there were no objections raised by the former owners I have no idea (there is not indication of comments on the planning application for the development.)
On this basis I believe may have good grounds to successfully apply for retrospective planning. I mean....do the council not want me being in my garden now because someone built a load of houses that overlook me?

I don't think negotiate is the right term when dealing with planning. Its just a matter of complying with their basic rules.

Maybe if you visited them and spoke to a planning officer in person, often better, face to face.

Thanks mate. Maybe again my wording is off - what I mean I guess is finding the point with them where I can keep the integral structure whilst complying with their basic rules, for example removing the canopy whilst keeping the platform but moving the railing so it is no longer a "balcony" but a fire escape. Before anyone shoots this down please read my more detailed description of the situation. The "platform" is not even visible to anyone.