Can a developer fail provisions in the planning permission after completion?

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    Can a developer fail provisions in the planning permission after completion?

    I would appreciate some advice on this situation.

    I own my flat in a mixed use development which has and underground car park.

    The management company who also developed the building refuse to allow any resident to park in the car park and choose to rent approximately 50% of the car park to their commercial tenants.

    Due to this the car park is only ever 50% occupied during working hours and empty in the evenings and weekends.

    I have read the original planning applications which state that there must be 22 spaces, one for each of the 22 residential flats and this is also shown on the plans marked with numbers. Many of the flats were sold ‘with parking space’ only to be told by the management company they have no right to a space.

    There is no mention of a space in the deeds, however I get the impression that a car park space has its own set of deeds. Please correct me if I’m wrong.

    Could the developers have withheld all of the spaces/deeds for their own use and to rent out before the flats were initially sold and is this legal and breach of the planning conditions?

    Any advice or thoughts would be greatly appreciated.

    #2
    Have you brought this to the attention of the Council Planning Dept? What was their response?

    Comment


      #3
      Breach of Conditions

      If it is right that there is a car park related condition on the planning permission and it is not being complied with then the building owner may be in breach of condition. This is open to enforcement action by the Council, but be aware that after 10 years of breaching the owner could get a Certificate of Lawful Development to carry on the non-compliance, and then there would be nothing that the Council could do about it. So, the critical question is: how long has this situation been alive for? If less than 10 years maybe the residents could progress a joint planning objection? Take good advice should you follow this route.

      Regards,

      Peter

      Comment


        #4
        Thanks for your responses.
        I had wondered about a time period in which the council could intervene. The building was renovated about 15 years ago, so I may be out of luck on that one. The parking provision was also put forward by the local regeneration society as to avoid additional street parking in the area. That maybe another angle which isn't time dependent.
        I am waiting to speak to someone in council planning about this issue and see what they say.

        Comment

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