Posted on 7 April 2011 by Yo
I bought 1 flat in victorian conversion in 2004. The planning permission was granted, by the local countil, to the previous owner to convert the house into 7 flats with S106 restriction to maintain a low car house. The house has 4 offstreet parking and 3 flats do not have parking. 4 off street parkings are allocated to the 4 flats. My flat does not have an offstreet parking and council would not grant us residential street parking permission due to S106 restriction applied on the planning permission. We bought the freehold from the previous owner and we are not freeholders.
As the planning is 5 years old and the owners are changed, we been told, we can apply for restrictions to be lifted. The remaining 3 flats applied for lifting the S106 restriction through London Planning Practice (LPP) to the local council along with the parking stress report at various times in a day. The maximum street parking used was less than 70% and most of the time, there were plently of places available for parking including weekends. The council took 4 months to access the application and finally rejected on the grounds of clause in the agreement of the planning permission
LPP suggested we should appeal, which we decided to. During the appleal, an independent body (Planning Practise or something) will access the case and take a decision
Are we on the right track?
What do you suggest we should do to improve the outcome of the case in out favour?
What options do we have in case the appeal gets rejected?
I have referred your enquiry to our in house solicitors, Rollingsons and you can expect to hear back from them by e mail in the near future.
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