re-fitting a balcony on an existing flat roof extension

Updated on 24th May 2019 in Retrospective Planning Permission
1 on 23rd May 2019

The pervious owners of our house fitted an iron railing around the edge of the flat roof extension and fitted sliding doors where the window would have been. We moved in 7 years ago and have had the roof re-done as it was leaking and removed the old railings with the idea that we would replace them with glass when we had funds – the problem is that I don’t think they got planning for this and I was wondering if there is anything we can do with the fact that they had it installed for over 8 years before we moved here? the reason | ask is we have a neighbour who I am sure will complain to the council if we put them up!

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0 on 24th May 2019

Hi, 

so, had the roof terrace not have been replaced you could have claimed the balcony under established use and it could have been authorized. However, as the roof has been redone, you will either have to apply for planning permission as balconies with a platform, (especially above 300mm) are not permitted development, or ultimately, you could wait another 4 years so it would be classified as established use.
If the railing has been removed at any time you will require planning permission, however, if it hasn’t been and you are only changing it, you can claim it through established use and claim a certificate of lawfulness. Should you require any further details do not hesitate to call one of my planning consultants on 02082023665 and we will be able to help you.

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