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Car park spaces within planning
Mrsemmapage
Posts: 32 Forumite
My experiance with the purchase of our house just gets better.
I had a neighbour speak with me today and asked if I knew about the 2 parking spaces that came with our house as per descision notice on the planning application.
I did know but told him that we had been advised by vendors solicitor "My client confirms that there are no parking spaces allocated to the property and points out it was never advertised as such and that has never been mentioned by you within sale negoitations"
It was mentioned, as he was clearly responding to our inquiry of such. Being interested in the fact the neighbour raised this today, I enquired with the planning enforcement team and they confirmed the spaces, however...... the previous owner of our house (vendor) sold this land to the neighbouring transport company for staff parking - so where do we stand on this, as its a condition of the planning, surely this is illegal?
This is the exact condition below
7. The parking shown on the drawings hereby approved shall be fully provided prior to first occupation
of the dwelling hereby approved and shall be fully retained for the parking of future residents private
vehicles.
Reason To ensure that adequate parking is provided to meet the needs of the development in
accordance with policies H28 and T8 of the West Devon Borough Local Plan Review.
I had a neighbour speak with me today and asked if I knew about the 2 parking spaces that came with our house as per descision notice on the planning application.
I did know but told him that we had been advised by vendors solicitor "My client confirms that there are no parking spaces allocated to the property and points out it was never advertised as such and that has never been mentioned by you within sale negoitations"
It was mentioned, as he was clearly responding to our inquiry of such. Being interested in the fact the neighbour raised this today, I enquired with the planning enforcement team and they confirmed the spaces, however...... the previous owner of our house (vendor) sold this land to the neighbouring transport company for staff parking - so where do we stand on this, as its a condition of the planning, surely this is illegal?
This is the exact condition below
7. The parking shown on the drawings hereby approved shall be fully provided prior to first occupation
of the dwelling hereby approved and shall be fully retained for the parking of future residents private
vehicles.
Reason To ensure that adequate parking is provided to meet the needs of the development in
accordance with policies H28 and T8 of the West Devon Borough Local Plan Review.
0
Comments
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so the transport company is breaching the planning law by using the spaces for business use rather than residents private vehicles.0
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How long ago was the planning consent?
When did the vendor sell the spaces?
What's your solicitor's advice?0 -
Definitely a breach of the PP, but whether it's enforceable this far out is another question. Or, indeed, who it would be enforceable against.
One thing's for sure, you don't own the spaces.0 -
Hmmm... but ownership is just one aspect. My friend owns a piece of land which is adopted highway, so anyone can park on it.
One thing's for sure, you don't own the spaces.
I suspect maybe the same applies here. The company may own the land but only residents can park on it.... I foresee the company not liking that though!0 -
How long ago was it sold? There's a similar planning condition where I live but because the parking area is overgrown and unused for years they wouldn't enforce it.0
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Right I have dug further and discovered that although the land on the left was sold to the transport company, the land to the right is still owned by the vendor. but again no amendements to planning stipulation,0
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strange that the land to the right was not included in the sale to you.Mrsemmapage wrote: »Right I have dug further and discovered that although the land on the left was sold to the transport company, the land to the right is still owned by the vendor. but again no amendements to planning stipulation,
Did you not check the Title Plans at the time to see what exactly you were buying?0
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