Planning refused for Loft conversion with balcony

[Nick74]

Hi,

we recently had planning refused for our loft conversion. The problem is that the plans include a balcony we wanted to make use of a flat roof space that would otherwise not be used- nothing major, enough space for a table and chairs really.

We are already heavily overlooked into our back garden by a block of retirement flats to our left and the planners report commented that we would be able to see into their 'utility areas' from proposed balcony. we would be happy to put up screening if this would help the application/appeal.

its daft really as we would see just as much from some patio doors with say a juliette balcony at the rear although this would obviously stop us using a terrace. I guess we/the architect should have picked up that our LA is not keen on balconies in principle due to overlooking issues mainly, but as we are already overlooked, you think they would take this into account?

The architect says that we can /should appeal the decision and would have a result in 5 days from the bristol inspectorate which I find hard to believe, but I didnt want to have go back to square one if we lose the appeal and wait another 8 weeks for a new applciation.

not sure what to do really! have lost faith in architect so any advice greatfully received! many thanks

 

[freddiemercurystwin]

Hmm, balcony's on lofts are rarely granted IMO. I seem to get plenty of flak for trying to stick balconies on the back of houses at first floor level let alone at roof level!

5 days! He's having a laugh!

You could always ask your architect to do it on a no win no fee basis. Watch him squirm! These work by your architect doesn't earn anything should the appeal be refused however he would charge you his normal fee for handling an appeal + say 25% if he wins. So a gamble on both sides!

http://www.planningportal.gov.uk/planning/appeals/

Personally IMHO balconies are seldom used or utilised as they were intended anyway. Ask yourself realistically how you will use it, how often will you use it, what will it be like having a load of windows overlooking you, are you really gonna enjoy that bottle of wine out there of an evening or will you be using it just because you've gone through the hassle of getting permission? Why not spend the few thousand it would have cost on revamping another room in the house.

 

[Richard C]

Back in 2004, part of the extensions/renovations to our current property included a flat roof utility extension out the back with French doors onto it from the master bedroom. Reasonable I thought as it’s on the opposite side to our only closeish neighbour (who didn’t object to it), we have no other properties behind us or to the other side. All hell broke loose & we had 2 objections; one from the farmer next door who claimed that we could overlook her summer house approx 100m away in a field to the side & another from a property whose back garden finishes in line with the front of our house. To see anything at all (mainly the back fence), you would have to crane your neck around the side wall of our house & in fact (as I pointed out) I can see far more looking straight into her back garden & windows from my master bedroom front window!

The reasoning behind the objections seemed rather flawed to me & nothing that could not have been overcome with screening the side of the balcony but, after talking to the BI's I decideed to remove it rather than cause inevitable delay to the rest of the application. Balconies of any sort seem to be a definite no go area now, akin to starting world war 3; it may make you life far easier to remove it!

 

[Nick74]

Thanks Freddymercurystwin and Richard C for your advice.

Yes rather than delay the planning much further, I think i'll probably remove the balcony from the plans and resubmit. its a shame as none of the neighbours objected and it was approved by the town council, just planners in their wisdom that have an issue with it. do you know if it is same as making a fresh application or is it any generally any quicker than the 8 weeks waiting time, especially as it will be changed to suit their wishes?

thanks Nick74

 

[freddiemercurystwin]

If you really want it then go the appeal route and you're architect really thinks it will get through, its a shame not to if you really really want it. It needn't cost the earth if you don't like the prospect of paying your architect on a no fee no win basis and you don't have to use your architect. There's nothing stopping you speaking with a few planning Consultants who deal with appeals on a regular basis, they should be able to assess it and its chances of success. Some are silly money some are more reasonable, there's only a little work involved.

If you pop it in again without the balcony you will have to go through the 8 weeks again but at least there's no LA fee to pay again although your architect may charge you a bit for the amendments.

You could always whack another app in without the balcony and go through the appeal at the same time.