Dear all,
I would be very grateful if anyone could offer expert opinion.
I had the roof area over my ground floor extension decked and a timber safety barrier fitted to replace the old brittle metal poles that existed in February. One of my neighbours complained and the council made me apply for retrospective planning application in March. There is a door leading to the roof area from the 1st floor bedroom that was fitted at least 6 years ago before i bought the house in 2010. I proposed to screen the whole area with conifers so there was no overlooking. The council have said they are going to refuse permission in a weeks time on two grounds. Firstly that the appearance of the structure is out of character from the rest of the area and secondly that the roof area overlooks my neighbours properties. Since the overlooking issue could be solved by screening, but any form of screening will not solve the appearance issue, then it seems that the it is fair to say the only real problem is the appearance of the area. It is not a conservation area, so this seems a bit harsh to me. The appearance issue also contradicts a Supplementary Planning Document prepared by council that has many references to encouraging contemporary developments, biodiversity (the hedge would maintain plantlife and attract wildlife), screening and in one principle it even suggests properties be enlivened with balconies. I have asked them to take these points into consideration, but have not heard back from them.
They are now saying that although I can prove that the roof was accessible for over 4 years with the house marketing details mentioning 'the door leading to roof area', it does not prove its use as a balcony, so I may not be able to even go out there at all. I've spent thousands of pounds and I'm in a worse position than I was in the first place.
I asked two of my neighbours to email the council stating that they remember it being used by the previous owners some time ago, but apparently this is not proof and I will need to ask them to make a statutory declaration when it comes to the appeal. This is quite a lot to ask from my neighbours.
I feel bullied. It's only one neighbour out of about 6 who is unhappy and screening would solve the issue. I don't feel that the fact that the council don't like the look of it is a justifiable reason for refusal. I can appeal, but this has already gone on for months and is consuming my family and causing untold stress. Any advice at this stage would be greatly appreciated.
Many thanks for your time
I would be very grateful if anyone could offer expert opinion.
I had the roof area over my ground floor extension decked and a timber safety barrier fitted to replace the old brittle metal poles that existed in February. One of my neighbours complained and the council made me apply for retrospective planning application in March. There is a door leading to the roof area from the 1st floor bedroom that was fitted at least 6 years ago before i bought the house in 2010. I proposed to screen the whole area with conifers so there was no overlooking. The council have said they are going to refuse permission in a weeks time on two grounds. Firstly that the appearance of the structure is out of character from the rest of the area and secondly that the roof area overlooks my neighbours properties. Since the overlooking issue could be solved by screening, but any form of screening will not solve the appearance issue, then it seems that the it is fair to say the only real problem is the appearance of the area. It is not a conservation area, so this seems a bit harsh to me. The appearance issue also contradicts a Supplementary Planning Document prepared by council that has many references to encouraging contemporary developments, biodiversity (the hedge would maintain plantlife and attract wildlife), screening and in one principle it even suggests properties be enlivened with balconies. I have asked them to take these points into consideration, but have not heard back from them.
They are now saying that although I can prove that the roof was accessible for over 4 years with the house marketing details mentioning 'the door leading to roof area', it does not prove its use as a balcony, so I may not be able to even go out there at all. I've spent thousands of pounds and I'm in a worse position than I was in the first place.
I asked two of my neighbours to email the council stating that they remember it being used by the previous owners some time ago, but apparently this is not proof and I will need to ask them to make a statutory declaration when it comes to the appeal. This is quite a lot to ask from my neighbours.
I feel bullied. It's only one neighbour out of about 6 who is unhappy and screening would solve the issue. I don't feel that the fact that the council don't like the look of it is a justifiable reason for refusal. I can appeal, but this has already gone on for months and is consuming my family and causing untold stress. Any advice at this stage would be greatly appreciated.
Many thanks for your time
It`ll suck the moisture out of the soil and create artificial shade - they are a menace - ask any gardener . Basically you went and spent on an idea which failed because you didn`t realise the power of the Local Council 
