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Upstairs flat balcony permission?

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Dribbler

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Oct 21, 2012, 4:05:02 PM10/21/12
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I live in a downstairs corner maisonette with a lovely large garden/fish
pond etc. I have one neighbour in the maisonette above me, who overlooks my
garden on both sides. I have double doors leading out to my carp pond and
the single Mr. X has double doors directly above mine with nothing to stop
him walking out into thin air.
His builder/sisters boyfriend approached me today asking how I would feel
about Mr. X putting in a balcony the width of his 5ft doors and 4ft deep.
For this he said he would need my permission to put four 4x4 posts in my
garden to support it. The builder told me that should Mr. X ever want to
sell the maisonette, he would need this to increase saleability due to the
danger to children falling out of his doors. I immediately said that the two
nearest posts would prevent me from opening my doors widely. One of the two
furthest posts would make my wheelchair access to the pond difficult. He
said he could maybe erect the balcony using brackets against the wall which
would not encroach on my garden at all. I suggested putting in something
akin to a babies cot side across his open doors for safety and we left it at
that.
My flat is council owned and Mr. X purchased his two years ago. I am
obviously wanting to keep my neighbour happy, but the more I think about it,
the more I really don't want a balcony above my head when I sit outside. Any
future buyers children would have a field day throwing things down into my
pond and it would encroach on my privacy. I believe it would also block the
sun shining in through my French doors, the only side of the flat where I
get any sun at all.
Can a wooden balcony be installed on a upstairs property without permission?
If I denied that permission, would Mr. X have to know it was me and
therefore damage our now good relationship?
Thank you for your help,
K

David McNeish

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Oct 21, 2012, 4:35:09 PM10/21/12
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On Oct 21, 9:22 pm, "Dribbler" <DribbNOT...@SuperTHIScrip.com> wrote:

> Can a wooden balcony be installed on a upstairs property without permission?

Not (from the sounds of it) without the consent of the owner of your
property, because the upstairs owners will need the right to overhang
your property and install the supports (leaving aside whatever
planning issues there might be). I presume the council wouldn't give
consent without your agreement, and may well not do so anyway.
Message has been deleted

Neil Williams

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Oct 21, 2012, 4:45:03 PM10/21/12
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"Dribbler" <Dribb...@SuperTHIScrip.com> wrote:

> My flat is council owned and Mr. X purchased his two years ago. I am
> obviously wanting to keep my neighbour happy, but the more I think about
> it, the more I really don't want a balcony above my head when I sit
> outside. Any future buyers children would have a field day throwing
> things down into my pond and it would encroach on my privacy. I believe
> it would also block the sun shining in through my French doors, the only
> side of the flat where I get any sun at all.
> Can a wooden balcony be installed on a upstairs property without
> permission? If I denied that permission, would Mr. X have to know it was
> me and therefore damage our now good relationship?

Planning permission would be required. And more sensibly, if safety is the
issue, he could install a Juliet balcony, aka a small fence across the
bottom of his doors.

Neil
--
Neil Williams in Milton Keynes, UK. Put first name before the at to reply.

GB

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Oct 21, 2012, 5:10:02 PM10/21/12
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Our neighbours were refused planning permission for a balcony on the
grounds of overlooking. Not all councils have the same criteria, possibly.

I am still trying to understand how an opening door was installed at 1st
floor level without protection in the first place?



Peter Crosland

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Oct 21, 2012, 5:00:07 PM10/21/12
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As a trenant you have no power to give permission. He will need planning
permission and permission from the owner of your flat. I suggest you
refer mhim to the Council and also write formally to the Council stating
your objections.


--
Regards Peter Crosland

steve robinson

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Oct 21, 2012, 5:20:02 PM10/21/12
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Any balcony would need building regulation approval, and the consent of
the building owner

steve robinson

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Oct 21, 2012, 5:25:02 PM10/21/12
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Its quite common these days , usally called juliet balconies, they are
supposed to have saftey balustrading

GB

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Oct 21, 2012, 6:25:02 PM10/21/12
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On 21/10/2012 22:25, steve robinson wrote:

>> I am still trying to understand how an opening door was installed at
>> 1st floor level without protection in the first place?
>
> Its quite common these days , usally called juliet balconies, they are
> supposed to have saftey balustrading
>

I agree that Juliet balconies are pretty common, but it's decidedly
UNcommon to build them without the safety balustrade. :)


John

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Oct 21, 2012, 6:40:02 PM10/21/12
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If he has bought his flat from the council it will be on a lease. The
council are still the landlord and he cannot make any material change
without their permission as landlord, quite apart from any planning
permission and building regulation.

Dribbler

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Oct 22, 2012, 6:50:03 AM10/22/12
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"Neil Williams" <wensl...@pacersplace.org.uk> wrote in message
news:1362254009372544837.373093we...@news.individual.net...
Thank you all for your replies. I have called the (aforementioned) council
this morning and they tell me that permission for the upstairs flat balcony
would not be passed, 'only if he lives in the middle of nowhere would this
council approve that'. However, he is allowed a Juliet balcony without
permission. I pointed out that an upstairs flat opposite us has recently had
one of these four post wooden balconies fitted and the planning office is
looking into that. Oops!
To answer previous questions, I don't think Mr. X is aware that I'm a
council tenant and the internal safety balustrade was removed some years ago
by a previous owner/tenant.
Thank you again for the prompt responses, you have put my mind at rest. Keep
up the good work!
K

Roland Perry

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Oct 22, 2012, 7:55:05 AM10/22/12
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In message <aekmka...@mid.individual.net>, at 11:50:03 on Mon, 22
Oct 2012, Dribbler <Dribb...@SuperTHIScrip.com> remarked:

>the internal safety balustrade was removed some years ago by a previous owner/tenant.

If internal, does that mean the doors open outwards?
--
Roland Perry

Dribbler

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Oct 22, 2012, 9:50:02 AM10/22/12
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"Roland Perry" <rol...@perry.co.uk> wrote in message
news:E4t4cGLe...@perry.co.uk...
Yes, both French doors open outwards and are directly above mine.
K

R. Mark Clayton

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Oct 22, 2012, 11:40:03 AM10/22/12
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"Dribbler" <Dribb...@SuperTHIScrip.com> wrote in message
news:aej2jk...@mid.individual.net...
He needs planning permision, permisison of the freeholder (might be him) and
probably your permission (look at deeds - who owns the garden etc.).

A sensible compromise would be a juliette balcony. Only projects about
10cm, doors open inwards, no-one can fall out.


GB

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Oct 22, 2012, 1:10:02 PM10/22/12
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>>> the internal safety balustrade was removed some years ago by a
>>> previous owner/tenant.


I am simply speechless.


Roland Perry

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Oct 22, 2012, 4:30:03 PM10/22/12
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In message <ael0v3...@mid.individual.net>, at 14:50:02 on Mon, 22
Oct 2012, Dribbler <Dribb...@SuperTHIScrip.com> remarked:
>> If internal, does that mean the doors open outwards?
>
>Yes, both French doors open outwards and are directly above mine.

I can see why that's a bit exciting for those in the room. Should get
the barrier re-installed ASAP I reckon.
--
Roland Perry
Message has been deleted

adrian...@yahoo.com

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Jul 16, 2018, 4:12:33 AM7/16/18
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Hi i owm my flat but the council own the building we have a small balcony at the back overlooking the gardens of the downstairs mansionets my down stairn neibour have an extension and i will like to extend my balcony as at the moment is very small do i need planning permission

Brian Reay

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Jul 16, 2018, 6:48:26 AM7/16/18
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On 16/07/2018 09:00, adrian...@yahoo.com wrote:
> Hi i owm my flat but the council own the building we have a small balcony at the back overlooking the gardens of the downstairs mansionets my down stairn neibour have an extension and i will like to extend my balcony as at the moment is very small do i need planning permission
>

Almost certainly and to comply with Building Regs.

With the best will in the world, I would think the chances of your
getting permission are not even slim.

Vir Campestris

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Jul 19, 2018, 4:43:35 PM7/19/18
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On 16/07/2018 09:00, adrian...@yahoo.com wrote:
> Hi i owm my flat but the council own the building we have a small balcony at the back overlooking the gardens of the downstairs mansionets my down stairn neibour have an extension and i will like to extend my balcony as at the moment is very small do i need planning permission

I imagine you own a lease on the flat. You will almost certainly need
the permission of the freeholder - it sounds as if that's the council.

Why not ask them?

Andy

war...@hotmail.co.uk

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Jul 20, 2018, 1:46:11 PM7/20/18
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It requires Building consent. The alternative is a Juliette balcony which is what we have in a similar situation when building regs wouldn't let us install a deeper balcony.

Jonathan
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