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Is this a residential property please or a commercial property?
For what purpose would the vehicle be parked there?
Not so much "parked"
it is intended to be kept there.
I do not want to be prescriptive in how I might use it.
e.g. Could be simply for storage - put my house contents in it - rent my house - come back in 12/24 months and sell/dispose of.
Could be tinker around with it, convert into a mobile home (add Carvan type kitchen/bedroom etc.)
Could be upfit with a mobile workshop/sport vehicle service facilities to support hobby use.
The question is, what is the regulatory framework governing the keeping of a large - but non commercial vehicle on private property.
a0 Is it conditional on whether a member of the public might see it/be offended by it?
b) is it conditional on whether it might represent a change of use of the property on which it is kept?
c) Is it conditional on some definition, fom a planning perspective on whether it represents a "structure"
d) etc. ... what is the regulatory basis on which someone can say that I am not allowed to keep an ex-HGV on my property
Please let me have your view on the legal framework
Thanks. The is no general restriction in respect of parking a goods vehicle on residential property.
The law that provides regulation in this area is the The Town and Country Planning (Use Classes) Order 1987. This provides for what uses you can use a residential property for without obtaining planning permission.
You require change of use permission if for example you were going to start storing commercial vehicles or in deed private vehicles en mass at your property. One does not normally require planning permission for parking a commercial goods vehicle at ones property providing the purpose of parking it there is ancillary to the use of the property as a private dwelling - i.e for example because this is the vehicle you drive to work.
Providing you do not intend to use the property to run or operate a business out of - i.e. out of your vehicle or generally the council will likely regard the parking of one commercial goods vehicle to be an "ancillary use" to your property as a residential dwelling and not require you to make any form of planning application for change of use.
Such matters are judgments as to "fact and degree". Accordingly for the avoidance of any doubt and to forestall any possible complaints from neighbours you may wish to consdier writing to the council's planning department and ask them to confirm that they would not require any application to park the vehicle on your land. You are entitled to rely on their response.
The only other thing to check is to confirm your title deeds do not contain a covenant not to park a commercial vehicle on the land. Such covenants whilst not common, equally are not rare. If you do not have a copy of your title deeds you can obtain a copy here:
Is there anything above I can clarify for you?
Hi The title deeds
(from memory) make a general reference to "not causing a nuisance" ... in term of not causing the neighbours to need to complain.
having said that, that is based on some very old deeds - not the toplevel copy I recieved from my solicitor when I purchased. The company who could potentiallg grant a letter of comfort or easment is no longer in business
I must say, I am very satisfied with the clarity and the level of detail of your response - I will certainly rate accordingly.
my apologies for the delay in reverting to you. I have been out on appointments for much of the late afternoon and early evening.
I am very grateful for your comments.
You can obtain a copy of your title deeds from the land Registry using the link below should you wish to for a relatively nominal fee. I believe the fee is 3 pounds. If the only covenant you are aware of is not to cause a nuisance, parking a commercial vehicle is not sufficient to cause a nuisance in and of itself to a neighbour.
In order to show nuisance, a neighbour needs to demonstrate that a particular action activity substantively interferes with the neighbours ability to enjoy their land. The view of the commercial vehicle is not sufficient to demonstrate this. If however the commercial vehicle was for example leaking oil onto their land, this could be sufficient to show nuisance
Is there anything above I can clarify or assist you with any further?
Answer is great.
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