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Help Please With Flat Freeholder Roof Terrace Query

Postby Anonymousray » Thu Nov 24, 2016 9:18 pm

Is there anyone out there who could help me with a roof-terrace planning permission query? I am the owner of a first floor flat in a Victorian terraced house in south London. The house contains 3 flats: myself, a ground floor flat (below me) and a second floor flat (above me) and we all three share the freehold of the whole property. Last year I had the idea of building a roof terrace on top of my neighbour’s ground floor extension. The doors leading to the terrace would exit from my bedroom onto the roof at the back of the house. I believe that the roof in question is jointly owned by me and my downstairs’ neighbour only, but I am not certain as her extension was built before I bought my flat.

Last year I sought permission from both neighbours, who agreed in principal to the build so we employed an architect to draw up plans and we recently applied for planning permission to build the roof terrace. This morning I received an email from my upstairs’ neighbour in which he said he will be lodging a negative comment and so I understand that he no longer consents to the roof terrace being built. His reason is that cigarette smoke might reach his flat. Nobody in my flat smokes.

My question is two-fold: because the roof terrace would technically be on my downstairs neighbour’s property extension only – would I require the permission of both of the other 2 freeholders? And secondly, would the fact my upstairs’ neighbour is complaining about potential smoke prevent my planning permission from being granted? As I am due to speak to him tomorrow evening (Friday 25 November) I would be so grateful for a quick answer and any advice. Sorry for the long post.

Thanks in advance,

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