Flat roof top terrace. Is it legal?

littlemiss_sal

Morning 
My neighbours (house at the bottom of my garden) have had a lovely new extension. Very recently they’ve started to sort out the area on top of their flat roof with fake grass and patio furniture, plants etc. 

The area does not have a safety barrier round and I’ve looked at planning permission forms/ drawings of the building structure and there are no drawings or description of it being a roof top terrace. Where they have had double patio doors fitted, there is a window shown on the drawing.
The rooftop terrace completely over looks all of my garden. I have zero privacy now.
I had only just moved into the property when the work had already started - so I haven’t objected it. I have no objections to the extension but the flat roof terrace is really niggling me. 

They sat out there on Saturday and watched my daughter and I in the garden every now and then. Again I just felt a little over looked (well I felt a lot over looked and uncomfortable).

any suggestions? Do I approach them or get in touch with the council to query the plans? 

Doozergirl

You speak to the planning officer allocated the case.  

They haven't built to the plans and so they do not have planning permission for what they've done.  

They should be making a new application for the changes.  Roof terraces and balconies can be very contentious and they aren't often granted permission because the overlooking issues are very different to those of a window.  

If you go back onto the planning portal and look at the contact details, you'll see the allocated officer's name.  

TELLIT01

I wish you luck in getting it sorted.  A work colleague of mine had exactly the same problem.  He contacted the Planning officer who issued an order to replace the doors with a window, remove the barriers on the roof and stop using it.  The owner ignored the order but when my colleague contacted the Planning officer again he was told there was nothing more they could/would do.

macman

TELLIT01 said:

I wish you luck in getting it sorted.  A work colleague of mine had exactly the same problem.  He contacted the Planning officer who issued an order to replace the doors with a window, remove the barriers on the roof and stop using it.  The owner ignored the order but when my colleague contacted the Planning officer again he was told there was nothing more they could/would do.

They could have used enforcement procedures, why they decided not to is a separate issue. 

littlemiss_sal

TELLIT01 said:

I wish you luck in getting it sorted.  A work colleague of mine had exactly the same problem.  He contacted the Planning officer who issued an order to replace the doors with a window, remove the barriers on the roof and stop using it.  The owner ignored the order but when my colleague contacted the Planning officer again he was told there was nothing more they could/would do.

Oh gosh! That sounds dreadful. We are looking to move at the end of this year but it means summer being overlooked! Fingers crossed it’s taken seriously 

Martin_the_Unjust

macman said:

TELLIT01 said:

I wish you luck in getting it sorted.  A work colleague of mine had exactly the same problem.  He contacted the Planning officer who issued an order to replace the doors with a window, remove the barriers on the roof and stop using it.  The owner ignored the order but when my colleague contacted the Planning officer again he was told there was nothing more they could/would do.

They could have used enforcement procedures, why they decided not to is a separate issue. 

They decided not to because the complainant didn’t push hard enough. Planning 9 times out of 10 take the path of least resistance in enforcement.

Jeepers_Creepers

Our recent extension is flat-roofed, and we considered using it as a sitting out terrace (and we even had French doors up there in our bedroom anyway, which had a glass balustrade over it as we liked to have these open during summer months). It was made clear, tho', that PP would be required and this would need neighbour consultation etc. For the sake of speed, we left it.

Your neighb, Sal, has clearly breached their PP. It is staggering that some folk think it's ok to do such things, when it clearly impinges on other people's right to privacy.

I think you can conclude that, if you asked nicely, they'd tell you to get stuffed. The y fitted patio doors for one reason only, and have spent a bit of "hard-earned" cash (I say that, 'cos folk like that always like to add how 'hard they've worked for what they have' - it's funny, but they do...) on their beautiful fittings. So, your call entirely whether to first approach them. It might be 'interesting' (make sure you record it).

Or, go direct to Planning and complain vociferously. Well, quietly, reasonably and firmly. Ask what they are going to do about it, and make it clear it is completely unacceptable and that you will remain on the case until it is fully resolved. Be ready to go to 'the top' at Planning, and also pester - and I mean pester - your slovenly MP and local councillor (a good one of the latter is often the most effective, especially if they are on the Planning Dept).

Keep us posted.

Mistral001

What the neighbour is doing probably breaches Planning Laws and certainly breaches Building Control Laws    The breach of the Building Control Laws is perhaps the one you should concentrate on as that involves safety i.e. no guarding around terrace and the strength of the roof to take floor loadings.   Safety concerns are nearly always acted upon with urgency, while privacy and other Planning matters will take time to get dealt with.    Make complaints to the Planning authorities as well, but it will be the Building Control issues which will almost certainly get the attention of the authorities first.

littlemiss_sal

Jeepers_Creepers said:

Our recent extension is flat-roofed, and we considered using it as a sitting out terrace (and we even had French doors up there in our bedroom anyway, which had a glass balustrade over it as we liked to have these open during summer months). It was made clear, tho', that PP would be required and this would need neighbour consultation etc. For the sake of speed, we left it.

Your neighb, Sal, has clearly breached their PP. It is staggering that some folk think it's ok to do such things, when it clearly impinges on other people's right to privacy.

I think you can conclude that, if you asked nicely, they'd tell you to get stuffed. The y fitted patio doors for one reason only, and have spent a bit of "hard-earned" cash (I say that, 'cos folk like that always like to add how 'hard they've worked for what they have' - it's funny, but they do...) on their beautiful fittings. So, your call entirely whether to first approach them. It might be 'interesting' (make sure you record it).

Or, go direct to Planning and complain vociferously. Well, quietly, reasonably and firmly. Ask what they are going to do about it, and make it clear it is completely unacceptable and that you will remain on the case until it is fully resolved. Be ready to go to 'the top' at Planning, and also pester - and I mean pester - your slovenly MP and local councillor (a good one of the latter is often the most effective, especially if they are on the Planning Dept).

Keep us posted.

Thank you for this. I’ve emailed my local councillor and he has forward my email to an planning compliance officer who promptly replied and said she’s happy to open a case and look into it for me! Happened very quickly. She has asked for further photos so I’ve sent some to her. I think the push from local councillor has helped.
Will let you know how I get on.
I feel quite bad for raising it but it’s not fair if it shouldn’t be used for that purpose. Yesterday they’ve just cut down large conifers (which were covering half of it from my view) which has ramped up my annoyance! 

Jeepers_Creepers

Mistral001 said:

What the neighbour is doing probably breaches Planning Laws and certainly breaches Building Control Laws    The breach of the Building Control Laws is perhaps the one you should concentrate on as that involves safety i.e. no guarding around terrace and the strength of the roof to take floor loadings.   Safety concerns are nearly always acted upon with urgency, while privacy and other Planning matters will take time to get dealt with.    Make complaints to the Planning authorities as well, but it will be the Building Control issues which will almost certainly get the attention of the authorities first.

If you go Build Control and they then fit a balustrade, would that be ok?

This is a Planning issue - it was neither sought (it would have been refused) nor conforms. It needs stamping on, as do the neighbours.

The arrogance. The presumption. The sense of entitlement. Grrrrr.

Jeepers_Creepers

littlemiss_sal said:

Thank you for this. I’ve emailed my local councillor and he has forward my email to an planning compliance officer who promptly replied and said she’s happy to open a case and look into it for me! Happened very quickly. She has asked for further photos so I’ve sent some to her. I think the push from local councillor has helped.
Will let you know how I get on.
I feel quite bad for raising it but it’s not fair if it shouldn’t be used for that purpose. Yesterday they’ve just cut down large conifers (which were covering half of it from my view) which has ramped up my annoyance! 

That sounds promising.

Don't feel bad, as these folk certainly don't - except soon for themselves. They are devoid of empathy, and deserve none.

Also do not shirk away if approached by them over it, either in a faux-conciliatory manner where they might try and get you onside so they can possibly gain retro permission if you agree to some compromise, or if they demonstrate a hint of annoyance/unfairness/aggression. Look them straight in the eye, and just calmly state the facts; "You breached Planning Permission rules, and the privacy of your neighbours. I don't know anybody who would find that acceptable" End of. If they rant about 'You move in here and think you own the area...' type BS, just smile, say "Whatever..." and walk away. I promise you that will strike them to their hollow core.

Do you have the option of growing screening trees on your side along that border should you wish to? If so, that's always a good move if they show any unpleasantness.

Keep in your mind - you are not dealing with normal people; they are not empathetic or considerate. And they are extremely unlikely to ever be. Treat everything they say as potentially ultimately self-serving, even if it appears reasonable or conciliatory on the surface.

I mean, could you imagine yourself or any of your friends doing this?!