Balcony terrace on flat roof extension

[Kirstyk12]

My neighbour, who I get on well with, has built a decking with surround balustrade on his rear flat roof extension.
He does not have planning permission for this and council have confirmed he is in breach of planning regs.
The letter I received states that the enforcement officer is in talks with the owner and will consider next steps if any, to be taken.
This balcony not only overlooks my garden, but side looks directly into my bathroom, bedroom and into my kitchen, which has a glass roof.
What can I do? He refuses to take the balustrade down or move back to give me my privacy.
The neighbours on his other side are not currently living in their property as they are having work done.
I would welcome any advice on how to progress.
Thank you

 

[big-all]

heeelllooo and welcome Kirstyk12

you need planning permission for a raised platform greater than 300mm off the ground
he wont get permission as it overlooks other property
so regardless off your input it must be removed

 

[Kirstyk12]

Thank you for reply.
Will the council enforce this? Or can they request him to take this down?
Don't know who to appeal to, or if I can have a say as the affected neighbour?

 

[big-all]

yes its not your problem enforcement wise and you will be without cost unless you choose to intervene in your own by employing someone to speed things up and make sure they do it properly

 

[DevilDamo]

If works have been carried out without obtaining the necessary planning permission, then yes... the LPA can take enforcement action (which they're currently doing) and ask for the works to be removed. The applicant could look at seeking retrospective planning permission but as big-all said, it's highly unlikely it would be favoured... especially as there is now the history of unauthorised works. If the applicant does not comply, they could be taken to court. It would be in their best interest to remove it and soon.

 

[freddiemercurystwin]

Or the planners may send an enforcement to the owner and he could ignore it and the council may go no further. Is it really in the wider public interest that our money is spent on some overlooking decking?

 

[big-all]

Or the planners may send an enforcement to the owner and he could ignore it and the council may go no further. Is it really in the wider public interest that our money is spent on some overlooking decking?

whilst that could be an outcome in a sparsley populated area with no one being overlook so falling into the not noticed pile so no further action
if you live within 6-12 foot it would be no fun so would be enforced

 

[geraldthehamster]

it's highly unlikely it would be favoured... especially as there is now the history of unauthorised works.

Councils are obliged to consider a retrospective planning application under the same criteria as any planning application.

Cheers
Richard