Planning permission dropped kerb

Planning permission dropped kerb

Author
Discussion

ballinacup

Original Poster:

10 posts

71 months

Tuesday 19th June 2018
quotequote all
Hello,

I hope this is the right place to post. I've done a bit of research which brings me to this site but I cannot find anything which relates to my circumstances.

My wife and I own a flat in a converted townhouse type building. There are 3 flats including ours and we each hold a share of the freehold. Next door is a mirror image but I'm not sure of the freehold situation (not that it really matters).

The deeds show that the ground floor flat owns the garden. The middle and top floor flats have access via the side and has their own access path. The ground floor flat has access to their property from the front and has their own path leading from the street to the flat.

The ground floor flat has now applied for permission to get the kerb dropped so they can park on their drive. This has to go through planning permission first due to it being a flat on a classified road.

I'm trying to find what valid reasons there could be for objecting to this planning permission, everything I read relates to houses and proposed developments such as extensions but in this case nothing is going to change except for a car being parked where it previously hasn't been.

As i said above, next door is a mirror image so the garden and layout is exactly the same so i'm wondering if the fact there will be a car on one side will effect the look of the building which will give a valid objection. There will be no change to the look of the property besides the fact there will be a car on one side and not the other.

The car will not be parked on an existing pathway, but the middle and top floor flats do use the garden as a short cut (they are aware the deeds show this to belong to the ground floor). So in theory should not block their access.

The car would not be blocking anyone's light, but would remove a parking space from outside the building (which is on a public road so not allocated to anyone in particular).

Is there anyone who had any experience of this that could think of any valid reasons for objecting to this application?

Thank you

ballinacup

Original Poster:

10 posts

71 months

Tuesday 19th June 2018
quotequote all
No, no ones does at the moment but if the planning goes ahead then the ground floor flat will have their own off street parking.

ballinacup

Original Poster:

10 posts

71 months

Tuesday 19th June 2018
quotequote all
The ground floor flat owner is a freeholder with the middle and top floor flat owners. So the 3 flats each have a share of the freehold

ballinacup

Original Poster:

10 posts

71 months

Wednesday 20th June 2018
quotequote all
Alucidnation said:
That's a good thing, shirley?

It means that you could also have off street parking if you applied.
Not if I was the owner of the middle and top floor flat as it’s only the ground floor which owns the garden. That’s the only possible space for a car to be parked.

I’m just really (and probably badly) trying to find out what reasonable objections there could be from neighbours in this situation. Would it be reasonable to say the top and middle floor neighbours don’t want to see or walk past a car in the front garden which doesn’t belong to them. (They would be walking past as their access path runs alongside the garden)

ballinacup

Original Poster:

10 posts

71 months

Wednesday 20th June 2018
quotequote all
Thanks 99.

We looked into it and the council said their permission isn’t needed. I thought they would all need to give consent but it seems not.

Parking is ok, it depends on the time of day. You may not get parked directly outside your property but you will get parked.

ballinacup

Original Poster:

10 posts

71 months

Wednesday 20th June 2018
quotequote all
Hub, yes it’s on a classified road but even if it wasn’t planning permission is still required as it’s a flat. But I’ve checked and this planning permission is required for this. I think what makes it so much harder to research is because nothing is going to change. If planning permission is granted and the kerb dropped all what will change is that a car can cross the pavement.

Car won’t be parked outside anyone’s bedroom window and no change will be made to the existing garden besides having a car parked where it hasn’t been previously. When the car is not there it would be as though nothing has changed.

ballinacup

Original Poster:

10 posts

71 months

Wednesday 20th June 2018
quotequote all
Hi Springfan, this has been checked but no mention of the gardens uses has been made in the lease. Just that it belongs to the ground floor flat.

ballinacup

Original Poster:

10 posts

71 months

Wednesday 20th June 2018
quotequote all
Sorry it’s not clear. I’m the ground floor but have received objections but I’m not sure why.

ballinacup

Original Poster:

10 posts

71 months

Friday 22nd June 2018
quotequote all
Paul, are you sure? I don’t mean to question you (and you are most probably correct) but there are other dropped kerbs down the road which have a much smaller drive and would not be able to turn as you said. Also, there is nothing on the council website which states this, so would seem a bit unfair to allow us to apply and pay the fees if there is no chance it would have ever been approved due to having to drive in and our nose first.

ballinacup

Original Poster:

10 posts

71 months

Tuesday 26th June 2018
quotequote all
Thanks Paul. This is all alien to me.

Might need to look into the legal side of things if we get the planning permission. Wouldn’t want to annoy the other freeholders (they don’t live there though, the properties are rented out). But the land registery does show that the garden is part of our property so I’m trying to understand why anyone can tell us what we can and can’t do with it.

Was just really trying to get an understanding of why they would object and for what reasons could be “reasonable”. I will be annoyed if the council reject because we can’t drive in and out nose first. I’ve spoken to them and looked at what they have put on their website and nothing states that the drive needs to be big enough to turn round if it’s a classified road.