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Can a developer go against planning regulation and seize car park spaces?

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  • Can a developer go against planning regulation and seize car park spaces?

    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
    Re: Can a developer go against planning regulation and seize car park spaces?

    Many of the flats were sold ‘with parking space’ only to be told by the management company they have no right to a space.
    Why did the buyers proceed with their purchase if there was no legal right in the lease to use a parking space? They could have said they weren't going ahead because they had been told a space would be included and it wasn't.

    The planning condition might just say that 22 spaces have to be provided. It is only if it clearly says that they have to be available at all times for the residents of the flats that the condition could be enforced
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: Can a developer go against planning regulation and seize car park spaces?

      Thanks for your reply Richard.
      Why did the buyers proceed with their purchase if there was no legal right in the lease to use a parking space?
      I can only speak for myself that I wanted the flat.

      The planning just states that each flat must have a space to avoid extra vehicles parking on the streets. This was set out by the council and local area regeneration society.

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      • #4
        Re: Can a developer go against planning regulation and seize car park spaces?

        Please set out the precise wording of the condition.
        RICHARD WEBSTERwww.rwco.co.uk
        As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

        Comment


        • #5
          Re: Can a developer go against planning regulation and seize car park spaces?

          I am waiting for the plans to be brought out from the council archives again so I can copy the exact wording. I will post it ASAP. Thanks again for your time Richard.

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