Developer attempting to convert verge to parking space

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ParallelLines
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Joined: Sun Jun 29, 2014 3:41 pm

Developer attempting to convert verge to parking space

Post by ParallelLines » Thu Dec 06, 2018 3:20 pm

Hello again all,

I have recently moved to a house on a private road.

The road itself is a through road, it has no pavement but a number of grass and hard standing verges of about 2m one side and 5m the other. The houses have boundary walls with the building set back so it feels quite open and rural.

A developer has bought an ex care home and won approval for seven flats. They have the 5m verge and so have converted the verge to seven parking spaces.

Unsurprisingly the ownership of the land was queried by nieghbours and the developer told the council the land was unregistered but that the previous owner was applying to HMLR for adverse possession.

Planning permission has now been approved.

Must admit I can see this both ways to an extent but is this legally correct?

On a practical level it is going to make life difficult for pedestrians because being hardstanding it was a natural path to what is a fairly narrow road and you do have to dodge the traffic somewhat.

Any thoughts?

despair
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Re: Developer attempting to convert verge to parking space

Post by despair » Thu Dec 06, 2018 3:52 pm

Kick up a fuss with planning deot and the local council

MacadamB53
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Re: Developer attempting to convert verge to parking space

Post by MacadamB53 » Thu Dec 06, 2018 6:55 pm

Hi ParallelLines,

not sure what your asking - is there something preventing cars being parked there now?

kind regards, Mac

ParallelLines
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Re: Developer attempting to convert verge to parking space

Post by ParallelLines » Thu Dec 06, 2018 7:24 pm

Hi Mac,

No there isn't.

However I am not clear how the right of way over this verge will continue if all the cars are parked on the parking spots. I believe when the care home operated there were just tow or three cars there and no one worried about it.

The general streetscene is these verges are regarded as visitor parking and people park within their front boundary.

If everyone else on the road goes down the adverse possession route the right of pedestrians to walk over the verges will be effectively extinguished.

In order for an adverse possession claim to succeed does the land have to be fenced in some way?

ukmicky
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Re: Developer attempting to convert verge to parking space

Post by ukmicky » Thu Dec 06, 2018 11:28 pm

Adverse possession of a grass verge that everyone is free to walk over ,no chance.


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Advice given is not legally qualified and you are advised to gain a professional opinion

ParallelLines
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Re: Developer attempting to convert verge to parking space

Post by ParallelLines » Sat Dec 08, 2018 9:29 am

Thanks.

Is it posible to check the outcome of these adverse possession cases on the LR site? From what I read they mentioned two months as being the timeframe.

The Council have not published the Officer report in their public record so I am unable to verify the linkage between the parking spots and the approval for seven flats.

On a private road closeby there is a similar sized building and they divided it into four flats. At the front is a similar verge with parking for about six or seven cars and the flats were sold without parking spaces.

It seems an odd decision in that had the developer gone for five flats say they could have created six parking spots within their front boundary. But perhaps the higher density was encouraged by the council?

I hope the council didn't rely on a claim made by the developers solicitor that the land was very likely theirs when they made their decision.

ParallelLines
Posts: 162
Joined: Sun Jun 29, 2014 3:41 pm

Re: Developer attempting to convert verge to parking space

Post by ParallelLines » Thu Dec 13, 2018 5:08 pm

Well there has been a development in that the plans have been amended and they have opted to have parking within their front boundary.

The adverse possession claim has not been decided by HMLR yet though. I have now heard evidence was submitted to say people crossed the verge.

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