Are Car Free Developments Legal?

[duffpaddy]

Hi,

I have moved into a flat situated in Brent which is classified by the Council as a 'car free' development i.e. residents of the building I live in are specifically prevented from applying for a Brent Council residential parking permit despite being a Brent Council tax paying resident. The permit costs approximately £100 per annum.

Brent Council enforce the on-street parking restrictions in the borough and vehicles that are found to be in breach of their restrictions are liable for a £65 parking fine. If the vehicle is not moved within a reasonable time frame it is then removed and the owner must pay a £200 release fee for return of the vehicle.

There is also on-street pay and display parking available and this is available at a rate of 20p for 7 minutes and for a maximum duration of four hours.

The building does provide a limited number of parking spaces for residents however there are not enough spaces for every resident. The rate to buy a parking space outright is £15,000 or it is possible to hire a space for £1,500 per year.

My question is; is it legal for a council to charge the same rate of council tax to residents in my area but provide different levels of service to them based upon their postcode?

I feel this especially bad in light of the following:
- the policy does not apply to every council resident; only the ones that live in my building i.e. my neighbour can apply for a permit but I cannot
- there are not enough parking spaces in my development so there is no alternative but to park on the street
- I do not have access to the same level of service from the Council as other residents despite paying the same rate of tax. No discount is offered either
- the council do not offer any subsidy towards the cost of paying for alternative means of parking especially considering how extortionate they are
- the Council actively enforces non-resident parking rules to only some of the residents

It strikes me that the Council's policy is highly discriminatory and exclusive. Is this something that I could possibly challenge do you think?

Thanks in advance

[michael]

Re: Are Car Free Developments Legal?

Ths sort of scheme is now common Council policy and will often form part of their Unitary Development Plan. The 'car free' condition will almost certainly have formed part of the original planning permission and is usually stipulated in areas that are designated 'town centre' developments where transport links are good, thus reducing the need/ reliance on cars.

You have no chance of challenging this.

[duffpaddy]

Re: Are Car Free Developments Legal?

Blast. That is frustrating.

I've just changed jobs and need the use of a car for work so public transport is no longer an option for me.

Looks like I'll have to go down the route of buying a parking space unfortunately. I'm reluctant to get further into debt but it looks like I really don't have a choice.

Does anyone have a view on whether it would be better to take out a separate £15,000 loan for the parking space or whether it would be better to re-mortgage my flat to cover it? It's a bit of a tricky one with interest rates rising at the moment.

Either way it's going to be a very odd conversation with my bank manager! :tinysmile_grin_t: