Resolving the parking issue

[Shien-Shin Tham]

Hi everyone,

Happy new year! 

In this new year we need to demonstrate that we are taking concrete steps to resolve the parking issue -- or else Flat 8 continues to withhold service charge payment.

Please find attached Mark and Helen's proposals for creating their parking space on 93 Tenison Road, at their own cost.

Heather and I had a look. My opinion is that Proposal 1 at the front entrance obstructs the passageway to Flats 1-5, and restricts both pedestrian and car movement because the plan does not take into account the erected curved wall around Flat 1. Heather has concerns about how this affects the aesthetics of the property, whereas my concern is how this affects the property values if the attractive period features get knocked down to make way for a cramped car park. We understand that kerb dropping is permitted for Proposal 1 but not for Proposal 2 (which is less cramped and doesn't block the front entrance).

While you study the plans, I suggest we do a little homework to find out what can be done with the disabled parking slot behind 93 Tenison Road. Note that this line of inquiry or solution will not be funded by Flat 8.

Looking at the Freehold Plan from Richard Showan, it appears that our land boundary is obtained by subtracting the black area (CB364778) from the red area. Read the Freehold Plan in conjunction with the TP1 (Transfer of Part of Registered Title) document for Lime Tree House, you can see that

• The black area (CB364778) is slightly smaller than the actual Lime Tree House building, so it is approximate 
• However the TP1 plan explicitly excluded the disabled parking space from Lime Tree House's boundary
  
• The disabled parking space that is unclaimed by Lime Tree House falls within the boundary of 93 Tenison Road
• We need to negotiate access rights because the disabled parking is now within Lime Tree House's fenced up area

Within the next few days, we can carry out these investigations: 

Probe the neighbours on their views regarding our access rights

The Land Registry guideline

http://www.landregistry.gov.uk/public/guides/public-guide-19

advises that  "It is always better to reach an agreement with your neighbour if possible".  So why don't we write a letter to the Lime Tree House Management Company to find out what is their view on access? Can anyone please help to draft a carefully worded friendly letter -- something that doesn't provoke an outright hostile response would be great!

Council Authority over Private Land

I will get in touch with the Council to confirm whether or not they have authority over private land regarding parking matters. If we decide to formally designate the unclaimed disabled space as exclusive to Flat 8, my understanding is that they don't have a say because they have approved the planning application and it's all been built up:

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_parking_tickets_e/consumer_parking_tickets_on_private_land_e/parking_on_private_land_an_overview.htm

This is your chance to tell us what you think before we make any formal decisions that affects us all!

Regards,

Shien