How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10414
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

Spare land owned by Durham Council / Durham Aged miners association

Resolved Question:

Spare land owned by Durham Council / Durham Aged miners association was tarmaced over about 10 years ago - just as an act of good will I understand. I've parked there for the last 10 years almost every day, so do my shop customers and other residents. They want to build more houses on it. What material planning objections can I raise?
(Info from planning officer to me: the main area of concern from your perspective relates to ownership and rights to the use of the land. I would advise that from a planning perspective this is not an issue that we would deal with as part of the planning process. In essence this is considered a civil matter and would need to be dealt with separately as a legal issue).
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Adrian, the first thing you need to be aware of is that in order to obtain a right to park in this place you have been parking you would need to show at a minimum 25-30 years of usage in order to claim an easement which would allow you to park there in perpetuity. I regret to say that after 10 years parking in the same place, you don't have any rights to continue to park your car there. So, I regret to say that this aspect of your case is weak and you should be aware that if you are too aggressive and assert you were parking there, the Council could retrospectively charge you for parking on their land. Accordingly, whilst you can mention that the land is more suitable for a car park, you should not over-assert that fact you have parked there, as this might cause problems.
Expert:  Buachaill replied 1 year ago.
2. In relation to the proper planning for the site, you should mention issues such as access, availability of parking spaces in the area, the density of the houses, the best use of the plot, the availability of amenities, the possibility of alternative uses, the desirability of open space. Additionally, I would advise you to get an architect to look at the plans submitted for planning and assess them from a design and standards perspective. It is always best to get a professional opinion on the plans being submitted as often, the devil is in the detail and you might be able to improve the value of the site for people coming to use your shop.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the Answer as unless you Rate the Answer your Expert receives no payment for answering your Question.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10414
Experience: Barrister 17 years experience
Buachaill and 4 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice