Can the council insist on the public having right to park on private drive

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

Former Member, modified 9 Years ago.

Can the council insist on the public having right to park on private drive

Hello all, I hope someone can help
A friend bought a property a few years ago, this was a private residence with a shop at the front of the building. When it was bought, there was a planning application in force to allow shop customers to park in the grounds of the house.

As the shop is at the front of the building and almost separate from the main building, my friend sold the shop. As it is now 2 separate properties, obviously my friend doesn't want people parking in the driveway and applied to the council to overturn the application.

The council have insisted that the parking application must stand, as there is only a layby in front of the shop. The shop owner has a piece of land to the side of the shop which could be used for parking but is currently used for storage. Can the council insist on public parking on private land? I can't believe this is legally enforceable. Does anyone have any advice on how best to proceed please?

Richard Crawley, modified 9 Years ago.

RE: Can the council insist on the public having right to park on private dr

Expert Posts: 253 Join Date: 07/12/11 Recent Posts

Hello Alex,

You'll probably already have noticed that planning is quite a complex area, where details matter.

To get any useful help I think you might need to be a bit more precise. It sounds like you're describing a condition, so it would help if you do a bit of copy & paste so people can offer their views without expending lots of effort.

Good luck.

Rich

enforcement

Former Member, modified 9 Years ago.

RE: Can the council insist on the public having right to park on private dr

I think Richard's advice is excellent. Devil is in the detail.

I would suspect that at some pont in the past, the house and the shop (or at least the shop and the land in question) were one planning unit. That is to say, they were owned or controled by the same person. As such a condition could be applied to the whole site.

It may be that since then the two units have been sold separatly, though the relevant solicitors should have noted this and alerted both parties to the condition.

The situation may be totally differant, but if this is the case, i would recommend seeking legal advice (but not from either of the solicitors who dealt with the conveyance as there may be an issue you will need to resolve) on a review of the conveyance.

Phill