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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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Does the provision of disabled parking places apply to a

Resolved Question:

Does the provision of disabled parking places apply to a residential complex? IE A retirement complex of 50 flats and bungalows with a parking area for 30 cars which at present does not have a single disabled parking bay even though many of the residents are blue badge holders?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

There is no statutory requirement to provide parking spaces for disabled people retrospectively in flat or housing developments.

However for all new flat developments the local authority Planning Department will insist that some places are designated as disabled. However the number of disabled spaces in the planning guidelines is only 5% which means that for 30 cars, it would be 2 spaces or 5% whichever is the greater. 5% is 1.5 so we would be 2.

However there has to be a special consideration where there would be a higher than normal use by disabled people such as would be the case in retirement complex.

If this is a warden supervised complex, the provision goes up to 10% of the available parking which would be 3 spaces.

Can I clarify anything for you?

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Best wishes

FES

Expert:  F E Smith replied 1 year ago.

There is no statutory requirement to provide parking spaces for disabled people retrospectively in flat or housing developments.

However for all new flat developments the local authority Planning Department will insist that some places are designated as disabled. However the number of disabled spaces in the planning guidelines is only 5% which means that for 30 cars, it would be 2 spaces or 5% whichever is the greater. 5% is 1.5 so we would be 2.

However there has to be a special consideration where there would be a higher than normal use by disabled people such as would be the case in retirement complex.

If this is a warden supervised complex, the provision goes up to 10% of the available parking which would be 3 spaces.

Can I clarify anything for you?

Please do not forget to rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes

FES

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