The importance of outside space
Balconies and roof terraces can make a significant difference to the quality of a home, particularly in densely developed urban areas where private outdoor space is limited. Despite this, securing planning permission for them is often difficult.
Many councils take a cautious approach to balconies and roof terraces on existing buildings. Common concerns include their effect on the appearance of a building, the potential for overlooking neighbouring properties and the risk of noise or disturbance. As a result, planning applications for these types of development are frequently refused, even where proposals are modest and carefully designed.
In our experience, decisions on balconies and roof terraces are often finely balanced. Refusal reasons are commonly framed in broad terms, and relatively small design details can make a significant difference to how a proposal is assessed.
Design issues commonly raised by councils
Balconies and roof terraces will usually require full planning permission, particularly where they are elevated or visible from neighbouring properties or from the street.
Refusals often focus on the size and positioning of the balcony or terrace, its visibility from neighbouring windows or gardens, and its effect on the character and appearance of the host building and surrounding area. Concerns may also be raised about how a space could be used in practice and whether it might give rise to noise or disturbance.
These are all legitimate planning considerations, but they need to be assessed realistically and proportionately. In many cases, councils rely on general assumptions about how a balcony or terrace might be used, rather than on a careful assessment of its likely impact.
Simple design measures can often make a material difference. Keeping balconies and terraces modest in scale, integrating them closely with the existing building and limiting views towards neighbouring properties are all relevant factors. Privacy screens, set-backs and careful positioning of balustrades can, in some cases, significantly reduce the potential for overlooking.
When an appeal may be worth considering
Where a balcony or roof terrace has been refused despite a careful design, a planning appeal can provide an opportunity for the council’s concerns to be reviewed independently.
Appeals relating to balconies and roof terraces often turn on how a space is likely to be used in reality, whether it would result in direct overlooking, and how it would appear in its wider context. Inspectors will usually look closely at these matters, rather than relying solely on generalised concerns.
The examples below illustrate how these issues have been examined at appeal in a range of different circumstances.
Appeal examples
Rear balcony to a single dwelling
In one case, a small wrought-iron balcony was added to the rear of a family home. The balcony was modest in size and intended primarily as an architectural feature, rather than as a usable outdoor space.
Following complaints from neighbours, the council served an enforcement notice requiring its removal. An appeal was submitted on the basis that the balcony would be little used and would not result in direct or intrusive overlooking.
The inspector agreed, concluding that the balcony would not give rise to material harm to neighbouring amenity. Planning permission was granted on appeal.
The homeowner was delighted and wrote to thank us:
“Just Planning has done a wonderful job. I am very impressed by their professionalism, quality of work and excellent communication. When I first contacted Martin, he just gave me advice to wait to see whether the council actually take action and made no attempt to secure my business prematurely. He is very trustworthy and has handled the whole process seamlessly and we did not have to worry about anything. It has been such a great relief for us. I would recommend him wholeheartedly.”
Dormer window and balcony, Leigh-on-Sea
In Leigh-on-Sea, planning permission was refused for a front dormer window incorporating a small balcony. The council considered that dormers and balconies of this type would appear out of place.
At appeal, a detailed assessment of the character of the area was submitted, demonstrating that dormers and balconies are established features of the townscape and contribute to its seaside character. The inspector accepted this analysis and allowed the appeal, concluding that the proposal would not harm the appearance of the area.
Roof terrace to an upper-floor flat
In another case, an upper-floor flat owner applied for planning permission for a roof terrace in an area where many neighbouring properties already benefited from similar external spaces. The application was refused due to concerns about the potential impact on neighbouring properties.
Following a redesign and a further refusal, an appeal was submitted supported by a detailed assessment of overlooking. This demonstrated that it would be difficult for users of the terrace to look directly into neighbouring windows or over adjacent gardens.
The inspector accepted this evidence and granted planning permission at appeal.
This case featured as a case study in a recent feature on Just Planning in the Daily Telegraph.
Roof terrace following approved roof extension
In this case in the London Borough of Ealing, planning permission had been granted for a rear roof extension, but the council refused permission for the associated balcony and roof terrace due to concerns about appearance and overlooking.
At appeal, the assessment focused on whether users of the terrace would gain direct views into neighbouring windows or over adjoining gardens. The design was considered carefully, including the size of the terrace and the positioning of elements away from the roof edge to limit overlooking.
It was also relevant that similar terraces had been approved nearby. The inspector concluded that the proposal would not result in unacceptable harm to neighbouring privacy or the character of the area, and planning permission for the roof terrace was granted.
A note on appeal outcomes
Planning appeals are decided on their individual merits, and outcomes depend on the specific facts of each case. The examples above are intended to illustrate how issues relating to balconies and roof terraces are often examined at appeal, rather than to suggest that permission will always be granted.
Further advice
Balconies and roof terraces can add real value to a property, but they require careful consideration in planning terms. Where an application has been refused, it is often worth taking time to understand whether the council’s concerns are likely to withstand independent scrutiny.
If you are considering a planning application for a balcony or roof terrace, or if permission has already been refused, we are happy to provide an initial view on the prospects of an appeal.
