Planning Permission Issue

lincroft1710

If it's your roof then I don't know if she can just extend her property over it without your or the freeholders' permission or consent.

bert4567

Does anyone think it would have an effect of 25k of the value ? appreciate its a tough call!

UnderOffer

So do you live in the lower half and your neighbour is above? She would then be adding a balcony onto your kitchen roof? Would she really get permission for this? 

Soot2006

UnderOffer said:

So do you live in the lower half and your neighbour is above? She would then be adding a balcony onto your kitchen roof? Would she really get permission for this? 

Just what I was thinking. Planning Permission isn't her main obstacle here, although I can see why the OP would like to nip this in the bud at the first hurdle.

bert4567

yeah - this is what im thinking, i would have also though before even doing the planning permission you would want to know about surveyors, cost, freehold etc. etc..apprently she hasnt even looked at that yet... 

davidmcn

bert4567 said:

Does anyone think it would have an effect of 25k of the value ? appreciate its a tough call!

I would have thought she's more likely to be devaluing her flat, if she "extends" it into space which she doesn't have any legal right to use.

theoretica

Is the kitchen original or itself an extension?  If they put opaque screens on the two sides would it reduce the issues?  Do any properties in the area have similar?

carefullycautious

Looking at the photo it  is not going to be much of a balcony as the depth seems too shallow. Am I right in assuming it is not across the whole of the property as I can see a small dividing brick wall on top of the flat roof and a fence dividing the gardens?
Is it a detached property or semi?

AlexMac

I guess you've already googled valid reasons to obect to Planning Applications, and therefore know you should keep it simple with a sentance or two under each of the relevant headings to make it easy for the Planning Officers to summarise your points?  Have a look on your Council's website for recent Planning Committee Agendas  and reports on individual Planning Applications and you'll see how this information is presented; pros and cons, and fit with Council policy 

Your valid objections could include the following headings (from  a list of a dozen or so on one London Council's giudance on how to object)

• Loss of light or overshadowing.
• Overlooking/loss of privacy.
• Visual amenity 
• Noise and disturbance resulting from use.

Also, can you get any other neighbours on board to submit comments?  It's easy and they should be able to do this online, as again, in my experience,  most Council websites show current applictaions and offer opportunity to comment on-screen. In my local Council, minor applications like this one tended to be decided by Planning staff without referring to the public meetings of Committee of Elected Councillors, unless 8 or more people objected?  Although COVID's probably changed that, with more done online or via virtual meetings between Councillors .

Also, do check if your lease requires freeholder agreement to works like this as suggested above.  I suspect your neighbour's lease mirrors yours. If so, formally ask the freeholder if permission is required/ granted. Even if it's a shared freehold, the Company must behave in a reasonable way, although it could be tricky if the upstairs neighbour owns 

And research party wall agreements.  Dunno if they are relevant, but they'll be drilling into your roof and walls?  Unless the outer skin belongs to the freeholder? 

Finally, if  the Council decides in their favour, and it does happen, relax.  You won't be able to do much about it, and in no way is that a £25k glitch.  Put another way, if it had had a balcony when you viewed before purchase, would you have bought it?  I bet you would.  I lived in a shared freehold conversion, in the garden flat with 1st floor balconies much bigger than your neighbour's planned one above me.  Not used much and used quite reasonably when they did.  We'd chat over their railing!

Good luck 

Mutton_Geoff

If it's your roof, how do we know it's load bearing enough to be used as a balcony? What will it be covered with? Have they been walking on it already? Normal roofing felt (which is what it looks like) is not designed to be used in this way and could have already been damaged by footfall or the location of those pots. How did they get building regs approval to put those doors in?

Those doors should open inwards with a flush fitting steel or glass balustrade. What if a child or someone with impaired sense walked through that open door and straight over the edge?