Legal Anomaly

23 July 2016

We have planning permission for our side garden but in order for this to be granted we had to have joint access and parking (in front of each plot) for our existing property as well as the building plot. Our solicitor tells us that if we try to separate the building plot the parking spaces for both properties will have to be owned by the building plot or we will be in breach of planning. Is this correct?

Answers

As a rule, planning agreements aren’t dependant upon ownership, as long as the essential facilities that are granted, such as parking spaces, are available to their respective properties. In your case, provided both the plot and the existing house have access to their own parking, possession is unlikely to come into it. However, it would be sensible to run the situation past the council, to determine whether the solicitor’s advice is correct.

Mike Dade (Build It Expert)

3 August 2016

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