Is there any legal way to convert unused grassy land in front of residences into numbered parking spaces? | LawHive - Solicitors & Lawyers Online
Is there any legal way to convert unused grassy land in front of residences into numbered parking spaces?
Hello, I am looking for a bit of advice. outside our residence is a patch of land big enough to fit 3 numbered parking spaces for the 3 houses on the land. Our houses are the only ones in the area with no car park at the rear of the houses and we are made to park on the main road. The council and our local housing have been contacted in regards to this and the council said they hold no responsibility for the land. The housing association has the responsibility but are not planning on doing anything about the matter. They do however acknowledge that the issue exists as all neighbours have also complained. The problem is that there is only enough space to park the residents cars along the road, which is a struggle on its own as us, as well as other neighbours have kids to get out of the cars plus newborns. But we are now getting an influx of cars parking where we need to weather it be someone visiting one of the residents or the overflow of cars from across the road in the adjacent street. This is resulting in us having to park either a long ways away from the residents and walking a fair way with young kids, shopping, newborn car seats etc. one neighbour has been getting letters from the local bus depots as she is forced to park partly in the local bus stop to fit her car in through no fault of her own. I am please looking for any assistance to convert the unused grassy patch of land in front of the properties into 3 numbered spaces outside each of the residents properties so that nobody parks in them when any of us are out so we all have peace of mind and can easily bring kids and shopping back from the cars with ease. Also by parking down the street it’s a security issue as we don’t know if the cars are being tampered with while out of sight. Is there any legal way for us to flatten this land enough to park our cars on? There isn’t a dropped kerb though. But is there any way to have the council fit one so we can make use of the land? Thanks

Keith Ritchie

9th April 2022

2 upvotes

Top Answer
NQ, it looks like you would have to fund this yourself, however, you would need permission from the HA and you would have to jointly pay the council to have a drop kerb installed. The HA are under no obligation to provide additional parking or even give permission. You would need to ask all residents, if they would agree to self fund this idea. If they do, then approach the HA with your proposal and if thet agree, then contact the council for a cost to have the kerb dropped.

Sean Mcfarland

9th April 2022

+4

7 upvotes

NQ you may find it easier to apply to the council for resident parking on the road. There is no real incentive for the council or HA to do as you ask as you agreed to taking on the house.

Florine Quinn

9th April 2022

3 upvotes

NQ Firstly, the HA would need to apply for and obtain Planning Permission from the local authority for change of use, and Highways would be a Statutory Consultee.

Jennifer Blazek

9th April 2022

Post grad housing practice and 15 years experience at a housing association. Dean has hit the nail on the head - there is no obligation for the HA to create additional parking and, in my experience, it wouldn’t be a priority for a HA. There is a major lack of social housing in the UK, so any spare funding is usually put back into creating or acquiring new social or affordable housing stock and investing in existing stock to improve properties to the decent homes standard. Parking provision isn’t included in the decent homes standard and presumably you all signed for your properties knowing there wasn’t any allocated parking included. You could follow Dean’s advice, pull together with your neighbours and put an application in to the HA to carry out the work yourselves at your own cost. Ask the HA for a copy of their tenant alterations / improvements policy to see what you would need to apply. Any planning permission or costs to the council to drop the kerb would be your responsibility to cover, as well as any remedial works for the surrounding land if they approve your request. I would also add that the HA would have to consult with all residents affected by your proposal, so unless everyone is on board this may present a barrier. Also, there will be no way of policing the car parking, even if the bays are numbered.. in my experience it doesn’t always stop people from abusing the parking spaces, unless the HA introduces some sort of permit parking system if they have this available to them but this is usually service charge payable and everyone would have to be in agreement to have this service introduced and to pay the charges in addition to your rent and any other service charges payable.

Derek Garton

9th April 2022

2 upvotes

NQ l am experienced former LA highways. Unfortunately there is no legal rights to park next to your property and a public highway is a free for all. I echo the above, in order to do something with the land in question firstly you need their approval, if thats a no its a none starter. If you dis get permission there are a number of ways of making the area suitable and accessible however there are still lots of approvals and permissions that will be required and the whole scheme could prove extremely costly, think in the thousands rather than the hundreds. A residents parking scheme would be a simpler more cost effective way of achieving your desired outcomes but again this can be a time consuming and possibly lengthy process and you will need to get the LA on board which again is not as straightforward as just wanting a scheme. I know this wont be what you wish to hear but i hope it can help you plan a way forward.

Albert Ho

9th April 2022

1 upvote

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