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

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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

        Latest Activity

        Collapse

        • Reply to Planning for house to flat conversion
          by pilman
          That cannot be taken into account for an application for a Lawful Use Certificate.
          The evidence of 4 years use as two separate dwellings is all that is needed, because it is not a planning application and does not need to comply with an planning requirements, as mentioned in posting #7....
          26-11-2020, 14:50 PM
        • Planning for house to flat conversion
          by Hold1234
          I am interested in a property which has two flats with separate tenants already in place. The property is being sold by the family of the previous Landlord who has sadly passed. I have however been advised that there was never any planning permission to convert this property form a house to two seperate...
          23-11-2020, 15:45 PM
        • Reply to Planning for house to flat conversion
          by Aboosimbel
          Dear Hold 1234,
          In general you need to prove that the place was converted and in continuous use as such for at least 4 years to get retrospective planning and 10 years for building control. The main pieces of evidence are four years continuous and separate council tax, water, gas and electricity...
          25-11-2020, 18:42 PM
        • Reply to Secure Shed on Land Between Buildings
          by andybenw
          Not answering your question, but just to say I have 2 Asgard sheds and also advised purchase of one for a local sports club. They are great sheds. They go together easily, they are very secure, and they can be taken down, moved and rebuilt in an hour (at least the cycle sheds can).

          So...
          25-11-2020, 18:42 PM
        • Secure Shed on Land Between Buildings
          by Gusrus
          I own and live in a leasehold flat. I’m looking at getting a new motorbike and although I can use bike covers and stuff but I would like something more substantial to protect it. Between the building my flat is a part of and the building next door is a section of land which is gated off at one end...
          25-11-2020, 08:38 AM
        • Reply to Planning for house to flat conversion
          by pilman
          After 4 years the change of use from a house to two flats became immune from enforcement by the local planning authority so that the current use is lawful.

          An application for a Lawful Use Certificate will require a planning application although this is not a matter of gaining planning permission,...
          25-11-2020, 18:39 PM
        • Reply to Secure Shed on Land Between Buildings
          by pilman
          When you contact the freeholder ask if you can have a license to use the land and locate a small bike storage shed on it, That may be something that can be settled quite quickly if you agree to pays a small sum of money for a licence.
          Asking that this land be added to an existing Lease agreement...
          25-11-2020, 18:30 PM
        • Reply to Build rear extension to adjoining neighbours extension
          by pilman
          Only if there is a prior agreement to link that back wall into the existing brickwork that belongs to each of the neighbours.

          You may be able to persuade the neighbours to allow that to happen since their external wall will become an internal wall kept free of weather and will not need...
          25-11-2020, 18:19 PM
        • Build rear extension to adjoining neighbours extension
          by gomo
          Hi,

          I am hoping the very knowledgeable members of this forum could clarify the following;

          My friend is proposing to build a single story rear extension to extend the existing kitchen and incorporate the side return of his mid Victorian terrace.

          Both the adjoining...
          25-11-2020, 14:30 PM
        • Accesses on private driveway and planning permission
          by Fraction5
          If I have granted a right of access to a neighbours garage from my driveway, could I apply for planning permission for 5 new dwellings all with accesses from the private road which would not be adopted? I’m really asking if there can be 6 accesses or whether the garage counts as a dwelling?...
          21-11-2020, 13:32 PM
        Working...
        X