Unreasonable planning condition: forced to sacrifice our garden for unwanted parking spaces

6am

Kiran said:

How big is your kitchen extension going to be, does if fall within the realms of permitted development?

5m 50cm x 4m 30cm - a kitchen diner

6am

Section62 said:

Will you demolish or convert a garage as part of this work?

We plan to move items like the boiler and unvented hot water cylinder into the garage, which will reduce its parking capacity. However, we don’t use the garage for parking; it’s used for storage, which is why the application noted that there would be no change to the parking arrangements.

Section62

outtatune said:

If the council don't want people parking on the road, they should be placing parking restrictions on the road.

Why should everyone else suffer the imposition of (increased) parking control in order to facilitate one household's increase in floorspace?  And why should the wider public pay the costs of controlling parking because someone want to keep their front garden? (I realise this doesn't apply to the OP who doesn't have the parking need themselves)

If this was a commercial development the council may consider taking a S106 payment to pay for on-street parking controls, but this would be in the order of tens of thousands of pounds and isn't really appropriate for something like a kitchen extension.

outtatune said:

One of the reason American cities are so horrible is the mandatory parking provisions, meaning everything has to sit in the middle of an enormous car park.

...or maybe because the American approach to design and layout is to cram in as many spaces without incorporating design features and landscaping that soften the visual impact?

DullGreyGuy

6am said:

Grumpy_chap said:

3.   Challenge the condition on the basis of material grounds and seek to reach agreement for the extension without the need for parking (or less parking)

Thank you for the suggestion to challenge the condition on material grounds. Could you clarify what specific material grounds would be appropriate in this case? For instance, could the analysis of recent applications, which shows an inconsistent application of this parking rule, be used as a valid ground?

I’ve looked into a recent application where the owner removed a garage and showed space for three cars. The application was granted without any ongoing condition to maintain those parking spaces in the future. I would like to have the same treatment and avoid this unnecessary restriction.

Any guidance on how best to approach this challenge would be greatly appreciated.

This is the difference between someone saying they want something and the council saying you have to have something. If you plan to meet the council's requirements they aren't going to add additional requirements to meet their requirements. This can be a key benefit of using a local designer/architect that knows your particular council and what are their priorities etc. 

Off street parking is a major thing in many areas, the neighbouring area (still under the same council) to us is undergoing a regeneration programme with 3,000 new homes to be built. They've had to pay for the introduction of zoned parking and permits around all the neighbouring areas, in addition to increasing the number of planned parking spaces, as a compromise to their original plans. 

As others have said, there are solutions for having a lawned area being suitable for parking which seems a much easier compromise to meet their requirement for parking but still have what appears as a garden 

Section62

6am said:

Section62 said:

Will you demolish or convert a garage as part of this work?

We plan to move items like the boiler and unvented hot water cylinder into the garage, which will reduce its parking capacity. However, we don’t use the garage for parking; it’s used for storage, which is why the application noted that there would be no change to the parking arrangements.

In which case your planning professional probably hasn't done you any favours.  If the parking capacity of the garage will be reduced then the parking arrangements will be changed.  The fact you don't currently park in the garage doesn't matter - and a professional should know that.  The planning officer may have noted the discrepancy between the plans and what the application was saying and concluded there was an attempt to pull a fast one, hence imposing the condition to make sure the outcome was as per the consented plans.

Does the boiler/cylinder/anything else going into the garage mean the remaining size will be less than the council's minimum space requirement (typically 2.4m x 4.8m) ?

6am

Section62 said:

Does the boiler/cylinder/anything else going into the garage mean the remaining size will be less than the council's minimum space requirement (typically 2.4m x 4.8m) ?

The current size is 2.3m x 5.4m, which is narrower than required. After the change, the new size will be 2.3m x 3.8m

Section62

6am said:

Section62 said:

Does the boiler/cylinder/anything else going into the garage mean the remaining size will be less than the council's minimum space requirement (typically 2.4m x 4.8m) ?

The current size is 2.3m x 5.4m, which is narrower than required. After the change, the new size will be 2.3m x 3.8m

So it would mean the loss of one parking space, and the council is therefore justified in asking for the reprovision outside, even if you weren't adding a 'significant' amount of space.

Could you put the boiler/cylinder in a cupboard in the kitchen and therefore leave the garage at 2.3mx5.4m?  That won't necessarily stop the council requiring the extra space, but it could be a negotiating point.  If the application has already been approved then you'd need to make an application to vary the plans - ideally something like this should have been negotiated and sorted before the application decision was made.

What kind of road do you live on?  Is it classified, has a bus route, or what?

Kiran

Hot water cylinders can be located in loads of different spaces, including your lost space if it is currently unused. The boiler being mounted on the wall could probably be taken of the plans and this would leave your garage the same size.

On the boiler front, do you need your cylinder if you have a small household? When it comes to moving a boiler it sometimes makes sense just to replace depending on age etc.

6am

Section62 said:

What kind of road do you live on?  Is it classified, has a bus route, or what?

This is a quiet residential road with no bus route or through traffic. The area consists of detached houses with driveways, and everyone, including us, has plenty of parking. There is a single yellow line intended to prevent non-residents from parking here, not to address any shortage of parking for locals. Adding a parking space won’t solve any problems, as there is no parking shortage for residents.

Section62

6am said:

Section62 said:

What kind of road do you live on?  Is it classified, has a bus route, or what?

This is a quiet residential road with no bus route or through traffic. The area consists of detached houses with driveways, and everyone, including us, has plenty of parking. There are double yellow lines intended to prevent non-residents from parking here, not to address any shortage of parking for locals. Adding a parking space won’t solve any problems, as there is no parking shortage for residents.

Could you clarify the BiB please - double yellow lines stop everyone (not just non-residents) parking.  Are the DYL's part of a controlled parking zone (CPZ) (which is something that would stop non-residents parking in 'resident-only' bays)?

The council requiring off-street parking isn't just about the current non-shortage of parking - councils assume there will be some growth in car ownership and that no shortage today could become a parking problem in a few years time.  Also, as I mentioned earlier, the issue of EV charging is something which has resulted in renewed focus on off-street parking provision.  Many councils would prefer to avoid the cost and complexity involved in providing or authorising on-street charging of vehicles, and off-street parking is an obvious solution to that (future) problem.  The council's planning policies have to take into account the (local) population as a whole, so whilst you may not want additional cars or an EV, they will be setting policy based on what is likely to happen in the future, and what a future occupier of your property might need.