Neighbors Balcony

October 3, 2020 by Andy in forum Planning Forum

#816 Andy, 3 October 2020, 14:18

My neighbors put in for planning permission for a balcony on the roof of my kitchen. I live in a converted house with 4 flats, we all have share of freehold. I'm a bit confused how she can put in for planning permission without speaking to the freeholders, and also looking at a party wall agreement with the neighbors. Also is planning permission likely if the balcony now leans right over my backdoor?

#821 Damian, 4 October 2020, 11:59

Has she spoken to the freeholder?

If she is as you say looking to use your roof to form part of her proposal, then she should have served notice on you. That is assuming you own the flat? If this is the case and you haven’t received notice, then you can object to the LPA on the grounds she doesn’t own the building/structure to what she is building on top of.

#824 Andy, 4 October 2020, 14:12

The 4 flat owners are the actual free holders so im assuming she needs agreement from everyone to do this? I own the flat on the ground floor yes- shes told me she wants to do this and that she'd already put in for planning permission - i just dont see how she can apply for planning permission without permission from everyone

#825 Andy, 4 October 2020, 14:15

forgot to add - i dont know how shes intending to do this as the roaf is a slanted roof and not for outside use, if its got to be re-enforced - im wondering about the effect on my kitchen!

#826 Damian, 4 October 2020, 15:59

She would need permission from the freeholder(s) but that wouldn’t necessarily have anything to do with the submission or determination of a Planning application.

Has she served you with Notice 1? Check the submitted Planning information to see if she has signed Certificate A or Certificate B, where the latter is what she should have done.

The roof would have to be replaced and strengthened to use for domestic floor loading. She could not do this without your approval.

I assume no other flat has done this?

#830 Andy, 5 October 2020, 09:59

no none of them - she showed me some design plans which had no detail and thats it

#832 Damian, 5 October 2020, 20:12

You have every right to get in contact with Planning to object on the grounds she is building onto something she doesn’t own.

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