Service FAQ questions |

main content Parking commercial vehicles within residential properties - P6

Is planning permission required?

The parking of a lorry or van within the curtilage of a private house for a purpose not incidental to the enjoyment of the dwelling involves a material change of use and requires planning permission.

When is enforcement action taken?

The Council has powers to take enforcement action to remedy a breach of planning control. The issue of an enforcement notice is discretionary and the circumstances of each case are considered before a decision is taken. In accordance with central government advice, the Council will usually attempt to resolve the matter by negotiation before resorting to formal action. However, the larger and more noticeable the vehicle, the more likely it is that action will be taken.

What factors are taken into account?

Within the context of local and national policy guidance the following criteria can be relevant:

• the size, design and number of commercial vehicle/s;
• its position and proximity to adjoining properties;
• its effect on the appearance of the surrounding area;
• the times at which the vehicle arrives or departs.

 

What happens if an enforcement notice is issued?

The notice sets out what steps have to be taken to rectify the breach of planning control within a given time period. This would normally be the removal of the vehicle within the specified time.

Is there a right of appeal?

The owner has a right of appeal, but this must be done before the notice takes effect. If an appeal is lodged, an Inspector is appointed by the Secretary of State to deal with the matter, normally by the way of exchange of written statements by the parties concerned, although a hearing is also possible.

The Inspector will consider the main planning issues which are usually: the effect the commercial parking has on the amenities of the occupiers of nearby dwellings and; whether the use significantly alters the appearance or character of a residential area. If the appeal is dismissed the notice must be complied with. Failure to comply is likely to result in legal proceedings. In Bromley, the chances of a successful appeal against enforcement action are low.