House Boundary

planning_officer

The_Pedant wrote: »

By the sounds of it though, each property has these bays and I'm assuming that in each case they exist within each plot of land. ... It doesn't sound like it's been an extra piece of land that's been tacked onto the original plot etc, so would a parking bay inside the plot really be considered outside the domestic curtilage?

aandrea wrote: »

...on our deeds, where we want to put shed is within our boundary ... We were told that the house comes with 2 bays,and told we can put something into our bays as long as we can dismantle onleaving.

It's impossible to answer these properly without seeing a plan and importantly, seeing a plan of the original development, which should delineate the individual residential curtilages. There is no proper definition of curtilage, however court cases and appeal decisions have always held that it is an area of land intimately associated with the dwelling - in the vast majority of cases, the garden.

In this case, if the parking bays are within the plot/garden area, then yes, I'd agree thay probably are within the residential curtilage. However, I got the impression that they are outside the garden area and perhaps accessed via a gate or pathway from the garden, in which case they're definitely not within the residential curtilage, even if they fall within the ownership of the property. I must stress that being 'within the boundary' and the 'residential curtilage' are different - boundary to me suggests land in the same ownership, which is not the same as curtilage.

aandrea

Well its been over a week since we last heard from management team, but they dont seem to able to find the clause to say we can't. Think they are waiting for us, to do all work, and they just complain,

DVardysShadow

Shed on wheels? Complete with clamplock?

davemorton

Just what I was thinking. Buy a transit or something, and leave it in the parking bay. For extra security, take the wheels off it. That should please the person who complained.

planning_officer

davemorton wrote: »

... Buy a transit or something, and leave it in the parking bay. For extra security, take the wheels off it...

DVardysShadow wrote: »

Shed on wheels? Complete with clamplock?

Although if there is a condition attached to the planning permission requiring these parking spaces to be only used for parking cars for the dwellings, then both these scenarios could result in a Breach of Condition Notice being served - in a worst case scenario with fines of up to £1K a day and no right of appeal! A transit with no wheels or a mobile shed would both be in breach of any such condition!

davemorton

Oh go on then, leave the wheels on. :-)

roger196

planning_officer wrote: »

Notice being served - in a worst case scenario with fines of up to £1K a day and no right of appeal! !

If there is no right of appeal, this law is likely to be held to be invalid under Article 6 of the European Convention of Human Rights.

aandrea

Well it's been just over a week now, since i asked the management team, as to where the clause is to say i can't put a shed up, and they have not replied. Properly cos they have not got one, and are trying to dash around to input it, as they have the money and the knowledge to go to the right people. Or they are expecting us to find it all out. Spoke to planning people, and they are looking into it. and they said sales team, just wanted a sale, and they dont no all the planning laws. So when it comes to me getting a mobility scooter, in few years time, are they saying then that i can not put that there too as its not a car??????????????

planning_officer

roger196 wrote: »

If there is no right of appeal, this law is likely to be held to be invalid under Article 6 of the European Convention of Human Rights.

Nope - a Breach of Condition Notice has no right of appeal, however you can appeal the original condition for up to 6 months after it being imposed on a planning permission. So there is in effect a right of appeal, which would satisfy Article 6 above, but this is for the 6 months after the condition has been imposed. If someone doesn't appeal the condition within that time, it's clearly satisfactory and that's why it's not necessary to have a right of appeal for a Breach of Condition Notice.

jc808

aandrea wrote: »

we are a Freeholder, but the Management team have said quote "No, we don’t think you are leasehold, the clause that applies to the leasehold properties also applies to the freehold properties.
Its within our own boundary

Are they referring to a restrictive covenant?