Commerical vehicle parking - definition. - Public forum - Planning Advisory Service (PAS)
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Started - July 2012
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Last activity - Yesterday
Commerical vehicle parking - definition.
I have a case where a piece of land in close proxility to a commuter station to London has a condition from a 1992 permission for the formation and use of land as a car park. The permsssion was implimented and the site used a private car park for a nearby office, however, the use ceased aproximatly 10 years ago apart from the odd car being parked there evey now and then. Recently the site has been allowed to be overgrown, however it is currently being cleared with the intention to use it as a commerical entity as a public car park (where payment will be recieved). A Planning condition on the 1992 permission states: 'The site shall be used soley as a car park and shall not be used for commercial vehicle parking or for any other purposes whatsoever unless the prior written consent of the Local Planning Authority has been obtained. Does anyone have any experience of restrictions on car parks? Would the definition of 'commerical vehicle parking' inculde the payment of money to park a car thus the site being used as a commerical entity. Or be regarded as the parking of commerical vehicles such as vehicles used in connection with a buiness such as lorries, wagons etc. ? Any help on this matter would be greatly appreciated.
In the absence of any link between the car park and the office I think that the wording is so imprecise as to be unenforceable. I also fail to see the planning harm in cars being allowed to park when people work in the adjacent office and cars park where people commute to work in London.
Have a a case where a resturant tried to use its car park as a 'pay & display' car park during the day. (When closed) As the car park was 'incidental' to the use of the site as a resturant, a New planning unit had been created requiring permission in its own right 1). was the original permission part of an other use ? That is the office. 2). If so is it 'incidental' or not and this new use become a new planning unit. 3). Has the use been abandoned ? However like Leslie states is this 'new' proposal (being so like the previous) so harmful ?
Thank you for your replies. A new planning unit was not created in this instance as the car park was not linked to the office. The main issues in this case are whether abandonment has occured and whether 'commercial vehicle parking' means the parking of commerical vehicles i.e. transit vans and lorries or receiving payment for parking. from looking through DCP it clear the establised definition of commercial vehicles includes vehicles which are used for business purposes and if the above condition was imposed to limit the type of vehicle by means of recieving payment; then a condition limiting this would have been imposed. Many Thanks for your help on this one - it's been much appreciated
You advise that the car park was not linked to the office. So, it could not have been ancillary thereto. As such it was a stand alone permission for the use of land as a car park. It just so happened that it was used for the accommodation of cars generated by a nearby office. On that basis its current use is still that of a car park. The term "commercial vehicle parking " is a little ambiguous but can only really be interpreted as "the parking of commercial vehicles" as , in land use planning terms, it makes no difference whether this is a for payment/profit operation or not. The term commercial vehicle is itself quite ambiguous, being undefined (would a minicab - a vehicle used for hire/reward - be a commercial vehicle? or a motorhome that had been converted from a van?) but you could just about understand why smaller, domestic scale vehicles could have a different impact on traffic and visual amenity than a park full of 38 tonners. Have you looked at the reason for the condition or the officer's report? Sometimes this is key to understanding what was meant to be achieved, even if the actuality of the permission says something different.