Unenforcable planning condition ?

[Misty15]

I bought a property in 2016. Single dwelling which was converted into 3 flats approx. 20 years ago. The land which had previously been used for parking for the flats was sold off approx. 18 years ago and the council gave planning permission for a residential property to be built on the piece of land which was sold off.
When I bough the property there was no room for parking on the small piece of land the flats are now on, so I erected a pedestrian gate and fence to make the property safer and more appealing. I have now received a letter from the council stating that I must remove the fence and gate and reinstate 3 car parking spaces as a condition on the original planning permission for conversion states that 3 parking spaces must be provided.
Where do I stand with this ? It is physically impossible for me to create 3 parking spaces ! The council themselves gave planning permission for a residential property to be built on what were originally the 3 spaces after the land was sold off. First thoughts are an application to remove the condition as it is totally unenforceable and maybe apply for retrospective planning permission for the fence and gate ? What would be worst case scenario with this ?
Any help or advice would be appreciated.

 

[^woody^]

The planners can't enforce on a condition that is made impossible due to their own subsequent granting of a new planning permission. Effectively, if what you say is correct the condition for parking spaces is made void by the granting of the new planning permission. You wont need to apply to remove it.

However, if there is room elsewhere on the site for three spaces, then that may well be what the planners are getting at.

Check whether the fence and gate actually needs permission in the first place

 

[Misty15]

Thank you Woody. That is very reassuring and interesting to know. There is definitely no space on the site to park 3 cars - maybe one at a push - but the condition states 3. Those 3 car parking spaces that were there nearly 20 years ago when the planning permission was granted, are now buried beneath a bungalow which the council itself gave planning permission for !
The letter from the council states that planning permission is needed for the fence and gate but not to bother applying for it retrospectively as it will be refused on the grounds that it needs to be removed to provide access to the 3 car parking spaces.
I'm happy to work with the planning department and fulfil any reasonable requests but this one is just impossible to comply with.

 

[wessex101]

Thank you Woody. That is very reassuring and interesting to know. There is definitely no space on the site to park 3 cars - maybe one at a push - but the condition states 3. Those 3 car parking spaces that were there nearly 20 years ago when the planning permission was granted, are now buried beneath a bungalow which the council itself gave planning permission for !
The letter from the council states that planning permission is needed for the fence and gate but not to bother applying for it retrospectively as it will be refused on the grounds that it needs to be removed to provide access to the 3 car parking spaces.
I'm happy to work with the planning department and fulfil any reasonable requests but this one is just impossible to comply with.

That might suggest that the 3 parking spaces were relocated when the permission was granted for the new bungalow and the piece of land in question is now just the access/driveway.

I vaguely remember a similar post here where the parking was allocated to the adjoining plot which was sold off but the new owner built the house and did not build the parking spaces.

Probably worth checking the planning application for the bungalow.

 

[Misty15]

Thank you wessex101.
Unfortunately this won't be the case as this is an area of serious infilling. The bungalow that they gave planning permission for is pretty much built to the boundaries on all sides with barely enough room for a push bike let alone 3 cars.
I just hope the planning dept are going to be sensible about things and not cause me any stress. If 3 cars won't fit they won't fit !

 

[Nakajo]

You'd think the Council would have something better to do.

 

[Doggit]

Sounds as though the left hand doesn't now what the right hand is doing; or the owners of the bungalow may have contacted the council over the fence. It's possible that if you have a chat with the council, and point out the anomaly, they may allow the fence, as they are refusing it due to a misconception on the available space.

 

[LukeB123]

I bought a property in 2016.
When I bough the property there was no room for parking on the small piece of land the flats are now on, so I erected a pedestrian gate and fence to make the property safer and more appealing. I have now received a letter from the council stating that I must remove the fence and gate and reinstate 3 car parking spaces as a condition on the original planning permission for conversion states that 3 parking spaces must be provided.

After 10 years or more (in this case sounds like approx. 18 years have passed since the building of the bungalow?) then any condition has been breached (in this case 3 parking spaces not provided) then the condition is no longer enforceable anyway.

 

[Seafarer1966]

If you don't get anywhere with the Planning Dept. take it up a notch and speak to the elected Councillor for the area. This person has been democratically elected to represent the views of the electorate i.e. you.
I can pretty much guarantee that when a Councillor gets this kind of query from a constituent they pass it to the manager of the Planning Dept. Things will happen you'll see. People will sit up a lot more and take notice. Even ask for a site meeting.
Good luck with it.

 

[^woody^]

can pretty much guarantee that when a Councillor gets this kind of query from a constituent they pass it to the manager of the Planning Dept. Things will happen you'll see

Unless the councillor was involved (formally or covertly) with the development that was given permission. Or his friends were, or his party were, or .....

Don't rely on a councillor serving anyone who got him/her into office in the first place. They look after one person, and their friends/family only

 

[Seafarer1966]

Quite true. Why does someone want to get elected as a Councillor in the first place? It's usually money, power or sex that motivate people. Perhaps all three in this case who knows?

Next notch up.......stand stark naked outside BBC Television House in London with a placard and a megaphone and demand to see the producer of BBC Watchdog to discuss the problem. Ring The Sun as well.

 

[Nakajo]

Sex and The Council. Now there's two concepts you don't often put together.

 

[^woody^]

50 Shades of Red Tape

 

[wessex101]

Thank you wessex101.
Unfortunately this won't be the case as this is an area of serious infilling. The bungalow that they gave planning permission for is pretty much built to the boundaries on all sides with barely enough room for a push bike let alone 3 cars.
I just hope the planning dept are going to be sensible about things and not cause me any stress. If 3 cars won't fit they won't fit !

That is very unusual. Granting planning permission for a new bungalow without any garden space let alone not making alternative parking provision for the existing flats. I suspect there is more here than meets the eye.

I think Luke is right regarding the 10 year rule on breach of conditions but being a cautious sort of person I would want to have the full picture on the planning history of both plots before I got into a fight with the planners.

 

[^woody^]

If a condition is not met, then the permission could be said to have not been fully enacted, and so the breach would not have a time limit.