Section 106 - Changing street into a car park!

Amethyst231

My problem is the public road (an absolutely normal road, in Blackpool) on which my house resides. It is being converted into a car park under an s106 agreement between the Blackpool Borough Council and the developer of 99 flats by way of a hotel conversion. The hotel is on the promenade and the street in question is perpendicular to the promenade and is just the same as 99.99% of the roads in Blackpool. 

My question is, are the council allowed take a normal public highway and lease it to a developer so the 99 flats will have a place to park by way of changing the street layout? (The lease lasts for 5 years.) 

I ask this question, as my house is the only home on the street, the rest are old hotels. It is looking like I will lose all my right to park on the road and as my house is a corner house, the other road corner road has double yellow lines.  

I have lived at this property for 22 years and paid £60,000 in council tax. It appears totally unfair that the council can lease an existing road to a developer to make a commercial gain by enabling them to offer parking spaces to the detriment of long standing council tax residents.  

Are they within their rights to take away the parking area outside our home?

anteguardian

Have you spoken with the council about your concerns? 

Perhaps you will be able to come to an agreement and they can provide you with dedicated parking in the new parking area? 

AdrianC

Short version - yes, they are.

With a Traffic Restriction Order, they can vary the parking (bring in double yellows or permits), or stop it being a public road entirely.

davidmcn

There are procedures to go through, consultations to be done, etc, but ultimately yes, they have the power to do this. The length of time you've lived there and amount of council tax you've paid has got nothing to do with it, but other considerations might be relevant. Nobody has the right to park on the public road outside their house.

princeofpounds

Whilst the others are right, I hope that you would discuss this direct with the highways department, the planners and your local councillor, as well as the developer

I would not concentrate on the parking (as stated, you have no right to park). I would concentrate on the fact that they will be removing public vehicular access to your home.

You may find that they are helpful in trying to ensure you are accommodated somehow. Hopefully. 

Given it's so hard to enforce parking rules on private sites now that clamping and towing is banned, you may still be able park your car up as long as you're not causing an obstruction!

carefullycautious

Maybe they will compulsory purchase your property so that you can move on.

missile

I would contact my councillor and MP. Their support may be crucial.

daveyjp

OP. There are many factors to consider with something like this.  Local Authorities generally don't own streets, there are procedures to go throught the extinguish public highways, do you have the planning application link?

Norman_Castle

I'd question why the new flats are entitled to parking while other residents are not. Check the details of the order, it may be changing to residents parking which should include you. 

davidmcn

Norman_Castle said:

I'd question why the new flats are entitled to parking while other residents are not. Check the details of the order, it may be changing to residents parking which should include you. 

The OP says the council is granting a lease. So it's going to become private land, we're not talking about a Traffic Regulation Order.