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Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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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.
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