A question about planning permission, parking and tenancy

bris

bod1467 wrote: »

So he's a jobsworth with an agenda.

No hes not, The planning was accepted with the covenant that the residents would not over populate the locar area with their cars, now they are trying to circumvent that.

The locals in the area would have attended meetings regarding this before it was built and the council would have given assurances about the parking. Is it right they just ignore them now it's built, or do what they are supposed to do and enforce it?

Regardless the law will decide on the planning and covenants in place, a specialist solicitor will let you know your chances of success.

rav007

bris wrote: »

No hes not, The planning was accepted with the covenant that the residents would not over populate the locar area with their cars, now they are trying to circumvent that.

The locals in the area would have attended meetings regarding this before it was built and the council would have given assurances about the parking. Is it right they just ignore them now it's built, or do what they are supposed to do and enforce it?

Regardless the law will decide on the planning and covenants in place, a specialist solicitor will let you know your chances of success.

Yes but there's overpopulating the area, and then there's taking up a small bit of curb space. I estimate that around 100 cars could park in the nearby area before it got really packed, just off free curb space without causing inconvenience to anybody. We have a petrol station across the road that has 5 spaces at £15 a week for students too, I am on a shortlist for this when one person leaves but it looks like he will even prevent this from happening.

The university offers parking to students within an LE11 post code for which I applied but was rejected because of him putting pressure on them. HE has tied every avenue and put restrictions everywhere so we cant park even if we offer to pay for it away from the local area this trying to remain in compliance with his problem. This is completely unreasonable, I assure you I wouldn't inconvenience anybody else as I prefer to mind my own business.

Frankly they are happy to allow university expansion knowing the university can only hold 2/3rd of the students or 10,000. The other 5,000+ have to go somewhere and new buildings have to be made, they are happy to see the byproduct of more students in the town too, more revenue generation but they are willing to pursue against 10 people for having a car. I am convinced that this S106 isn't even a legal S106, it is a manipulation of the law and may even be illegal based on everything I have read.

browneyedbazzi

bris wrote: »

No hes not, The planning was accepted with the covenant that the residents would not over populate the locar area with their cars, now they are trying to circumvent that.

The locals in the area would have attended meetings regarding this before it was built and the council would have given assurances about the parking. Is it right they just ignore them now it's built, or do what they are supposed to do and enforce it?

Regardless the law will decide on the planning and covenants in place, a specialist solicitor will let you know your chances of success.

If the council wants a restricted parking zone then they should put one in place - they shouldn't be trying to achieve the same end through the back door.

As for the officer regularly patrolling the streets and photographing vehicles etc someone should ask the council if they have a Directed Surveillance RIPA authorisation for this activity. I'm guessing they don't. If it was me and they were pushing my landlord to evict me based on 'evidence' obtained through unauthorised surveillance I would suggest that I would be seeking legal advice regarding my Article 8 Rights.

rav007

browneyedbazzi wrote: »

If the council wants a restricted parking zone then they should put one in place - they shouldn't be trying to achieve the same end through the back door.

As for the officer regularly patrolling the streets and photographing vehicles etc someone should ask the council if they have a Directed Surveillance RIPA authorisation for this activity. I'm guessing they don't. If it was me and they were pushing my landlord to evict me based on 'evidence' obtained through unauthorised surveillance I would suggest that I would be seeking legal advice regarding my Article 8 Rights.

Of course I agree about the restricted parking zone, but that would require current residents to pay for permits wouldnt it? And they don't want the inconvenience, they want this utopian lifestyle with a wealth of amenities brought by the student population whilst not being in contact with them. I will ask about covert surveillance too you made a very good point there.

buglawton

Does the Student Union have a view on this and can it offer cheap/free legal advice? If this went to court the Council would likely lose the case but you need to afford to fight it. Maybe as a student you might be a rare case for getting legal aid.

Once the council loses the case they would probably take umbrage and try to introduce a restricted parking zone.

browneyedbazzi

rav007 wrote: »

I will ask about covert surveillance too you made a very good point there.

If you are evicted, I really would suggest you seek legal advice on this issue. What they are doing (in my opinion as someone who deals with RIPA fairly regularly) is a breach of your Article 8 rights. If you have to move and incur expenses in doing so I think you will have a good case and will be able to claim damages. There are numerous campaign groups in this country focused around this sort of issue and you may want to contact them in the first instance for advice on how to approach the matter.

rav007

browneyedbazzi wrote: »

If you are evicted, I really would suggest you seek legal advice on this issue. What they are doing (in my opinion as someone who deals with RIPA fairly regularly) is a breach of your Article 8 rights. If you have to move and incur expenses in doing so I think you will have a good case and will be able to claim damages. There are numerous campaign groups in this country focused around this sort of issue and you may want to contact them in the first instance for advice on how to approach the matter.

I will look into this more. I just wish this didn't have to coincide with my final exams. I have just sent an email to the students union president too. I hope he has some positive advice or pushes me in the right direction to someone who does.

AnnieO1234

Get the local press involved, particularly if you can find a journalist who doesn't like the council.

X

Prothet_of_Doom

So he's taking down numbers, and using council powers, to ask DVLA to find the name of the registered keeper, and somehow using that to evict students from housing who should be thinking about studying, and not having to worry about car parking.
If that's not an abuse of power then I'd like my MP to investigate.

I'd be contacting your insurance company and seeing if they'd mind if the registered keeper was not the same as the main driver. Some won't allow it.

rav007

Prothet_of_Doom wrote: »

So he's taking down numbers, and using council powers, to ask DVLA to find the name of the registered keeper, and somehow using that to evict students from housing who should be thinking about studying, and not having to worry about car parking.
If that's not an abuse of power then I'd like my MP to investigate.

I'd be contacting your insurance company and seeing if they'd mind if the registered keeper was not the same as the main driver. Some won't allow it.

In the planning permission days, he made the original landlord agree to disclosing all the registration plates of every students car whether it was here in Loughborough or not. This is something again that I was not informed about until yesterdays meeting, all the tenants were randomly summoned 2 months ago to fill in a slip of paper with car details and where the car is being left.

All this fun stuff going through my head and on top of that I have an exam that determines the rest of my life in 2 hours, and ultimately theres nothing I can do about any of it other that wait. I would rather not switch insurance policy holder though because that is just an inconvenience and by shear principle this kind of issue should not exist, let alone have me change my lifestyle to accommodate. I think working around any problem like this is just allowing it to grow, I need to find a proactive way of nipping it in the bud and getting this guy off my back.