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Buachaill, Barrister
Category: Law
Satisfied Customers: 10943
Experience:  Barrister 17 years experience
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The local council are planning to build flats on a car

Customer Question

Hi, the local council are planning to build flats on a car park on which many local businesses rely. I wondered if the council have a legal obligation to provide parking for business use if they are heavily reliant upon it? In fact, planning permission probably wouldn't have been granted for the businesses if the car park was not there. Thank you, James.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
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Expert:  Buachaill replied 2 years ago.
1. Dear *****, there is no legal obligation on a Council to provide car parking for business use, just because some previously existed. It is merely a matter which the Council may take into consideration in reaching their determination on a planning matters. As such, in the situation you outline, the fact the Council has built upon a site previously used for car parking for persons accessing businesses in the area does not render the planning permission invalid. Nor would it make the decision to grant planning permission not in conformity with judicially reviewable threshholds of reasonableness, proportionality, and for a proper purpose. Parking is only one consideration of many in a planning decision. There must be something more, in the nature of the decision on the planning being arbitrary or something improper about it.