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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10896
Experience:  30 years as a practising solicitor.
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I LIVE IN THE WEST END OF GLASGOW AND I PURCHASED A NEW BUILD

Resolved Question:

I LIVE IN THE WEST END OF GLASGOW AND I PURCHASED A NEW BUILD PROPERTY IN JUNE 2014, THERE ARE PARKING RESTRICTIONS IN PLACE WITH METERS OPERATING MON - SUN 8AM - 10PM.
AS MY FLAT WAS BUILT AFTER 2000 I AM ADVISED I AM NOT ELIGIBLE TO APPLY FOR A RESIDENTS PARKING PERMIT. THIS IS VERY INCONVENIENT AND COSTLY, AS A CONSEQUENCE i HAVE APPEALED MY COUNCIL TAX BANDING, HOWEVER, GLASGOW CITY COUNCIL ASSESSOR HAS ADVISED COUNCIL TAX BANDS ARE BASED ON A CALCULATION OF WHAT MY PROPERTY WOULD HAVE BEEN VALUED HAD IT BEEN BUILT IN 1991. THEY PROVIDED A SMALL LIST OF PROPERTIES DEEMED TO BE SIMILAR TO MINE & IN THE SAME VALUATION BANDING. HOWEVER, ALL HAVE PARKING WITHIN THE DEVELOPMENT. THERE ARE 49 FLATS IN MY DEVELOPMENT YET GLASGOW CITY COUNCIL APPROVED THE PLANS FOR THE DEVELOPER TO PROVIDE 8 PRIVATE PARKING SPACES UNDERNEATH THE PROPERTY. THESE WERE SOLD ON A 1ST COME BASIS AT +£10K ABOVE THE PURCHASE PRICE OF THE FLATS. IN MY VIEW THIS LEVEL OF PARKING WAS INADEQUATE GIVEN THEN NUMBER OF FLATS.THE ASSESSOR DOES NOT ACCEPT MY ARGUMENT THAT THE COUNCIL TAX IS PAID FOR SERVICES PROVIDED BY THE COUNCIL AND AS A C TAX PAYER I AM UNABLE TO ENJOY THE SAME BENEFIT (OF PARKING IN MY STREET) AS MY NEIGHBOURS. I BELIEVE WITH THIS PARKING RESTRICTION THAT THIS MEANS THERE IS A MATERIAL REDUCTION IN THE VALUE OF MY PROPERTY AS A RESULT OF THIS CHANGE OF PHYSICAL STATE OF ITS LOCALITY. AM I FIGHTING A LOSING BATTLE?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.Which district of the West End are you in?What is the council's given reason for discriminating against residents of properties built after 2000?Is there any other parking available on your development other than the eight places you refer to?
Customer: replied 2 years ago.

I live in the Woodlands area, the reason given is the Road Traffic Regulations Act 1984. There is no other parking in the development. It is a residential street with blond sandstone tenemental flats opposite.

Expert:  JGM replied 2 years ago.
I don't think you will win the case against the assessor as the criteria for council tax banding is the 1991 rateable value of the property and that's what they'll stick to.
The correct remedy against a refusal of a parking space is to appeal under Part III of Schedule 4 of the 1984 Act which provides as follows:
"Part III
Rights of Appeal
14(1)If a person who is, or who proposes to become, the operator of a public off-street parking place in a controlled area or any other person entitled to an interest in the premises used or proposed to be used for the purposes of that parking place is aggrieved by a decision of the local authority—
(a)to refuse an application for the grant of a licence in respect of those premises; or
(b)as to the terms and conditions to be specified under section 43(4) (b) and (c) of this Act in a licence granted in respect of those premises; or
(c)to refuse an application for a variation of the terms and conditions so specified in a permanent licence granted in respect of those premises; or
(d)to revoke a licence granted in respect of those premises; or
(e)to vary under Part II of this Schedule any of the terms and conditions specified under the said section 43(4)(b) and (c) in a permanent licence granted in respect of those premises,
he may by notice served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as the Secretary of State may by regulations under paragraph 17 below direct, appeal to the Secretary of State from that decision.
(2)If in a case where—
(a)a person makes an application to the local authority for a licence in respect of premises in respect of which a licence is not for the time being in force; or
(b)the person who is the holder of a permanent licence in respect of any premises duly makes an application to the local authority for a specified variation of the terms and conditions of the licence specified under the said section 43(4)(b) and (c),
the local authority have not notified that person of their decision on his application by the expiration of the period of two months beginning with the date when they received the application or such longer period beginning with that date as may have been agreed for the purpose between that person and the local authority, the local authority shall be deemed for the purposes of this Schedule to have notified that person at the date of the expiration of that period that they have decided to refuse the application.
15The Secretary of State shall not be required to entertain an appeal under this Part of this Schedule from any decision of a local authority if or to the extent that it appears to him that the decision was necessary in order to comply with the requirements of section 43 of this Act or with any regulations made by the local authority by virtue of subsection (6) of that section which are for the time being in force."
The grounds of appeal would be that the developer, and the local authority, failed to deliver sufficient parking spaces within the development and that is not something that you are responsible for. So the council cannot invoke a policy that is manifestly unfair to a resident and discriminates against that resident from others in the vicinity.
I hope that helps. If you are beyond the time limit for appeal you may have to make another application, have that refused and appeal that decision.
JGM, Solicitor
Category: Law
Satisfied Customers: 10896
Experience: 30 years as a practising solicitor.
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