DC Casebook: Appeal cases - Privacy objection to balcony overruled

The owner of a house in Nottinghamshire has been allowed to retain a balcony after an inspector struck down an enforcement notice that required its removal.

The council had granted planning permission in 2005 for an attic conversion featuring three dormer windows in one elevation. One of these had been replaced by double doors and a "Juliet" balcony. The council claimed that the doors and balcony gave rise to an unacceptable level of overlooking and adversely affected the occupiers of the adjoining property. It accepted that the doors were no wider than the approved window but asserted that they encouraged people to sit at a point within the room from where they could see the neighbouring property.

The inspector found that the view obtained through the doors by someone who was sitting down was no better than would be the case for someone standing in front of the permitted dormer. The adjoining owner's impression that he was being overlooked was misplaced, he opined. However, the inspector imposed a condition that the small area of flat roof forming the balcony should not be used for anything other than maintaining the property.

DCS Number 100-051-226

Inspector Roger Dyer; Hearing.

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