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I am interested to know whether or not the documents included in a planning application, that set out the parking rights, are legally enforceable or not?
Looking at the documents from the initial planning application, through to the granting of consent, there are many references that detail parking arrangements. The final planning consent was given with several ‘conditions’. One such condition was that a parking plan was submitted and approved before works started on the development. This condition was duly discharged.
The documented parking plan states there will be off-road car parking spaces available for a 'community building' with these being shared with adjoining office building. The nature of the two uses means that peak parking demand for one does not overlap with the other and it also states that the spaces should not be abused for residential parking.
The management company currently overseeing the site advise these parking plans have no legal standing and suggest residents may now make use of some of the spaces.
Do these 'conditions' of planning consent stand after a development is finished - do they have to be adhered to or is a developer allowed to disregard them once they’ve achieved their aim of gaining planning permission? Who would we go to to enforce them?
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