RoTR parking bay question

galah

Hi all,

already posted the same problem in the Accomodation section, but this time, it's a driving question rather than a planning permission question..Anyways, here it goes:

The council has recently turned my road into pay and display parking, marking parking bays along the road (in parallel to the kerb). It's on street parking, not many houses have drive-ways. All good so far.

Now my neighbours decided to flatten their front yard and turn it into a parking space. They also lowered the kerb and the footpath (as far as I know without planning permission) to provide access from the road, taking away three "official", council-marked car spaces (it's a big old Irish house) to park their car in "their new drive-way".

Problem is the following: I know you should not obstruct access to private driveways - however, the council-painted lines clearly indicate an official parking bay (since the owners of the house obviously did not contact the council to have the markings removed...) - what happens if I park my car there (since finding a parking spot on that road is really difficult as it is - losing three spaces will definitely not help...)

Will the owner of the house have the right to remove my car?
Or will it be perfectly legal to obstruct access to his driveway (provided there's no car parked there, don't want to be mean) since the council markings clearly say I can?

Any pointers appreciated (I just like to find out what's going on before I ring the council to complain or start a massive war with the neighbours)

Cheers!

Seth Brundle

Nothing will happen you legally if you park there as it is a designated parking spot. The owner of a house does not own the pathway or roadway outside their house.
However, your neighbours could be held criminally responsible for damaging council property, i.e. the kerb.

markpb

Personally I'd take it up with the council's planning department before parking in a spot which obstructs their exit. It definitely sounds like they're in the wrong.

galah

Now I wouldn't obstruct their exit (if they're already parking IN the drive-way) because I would not fancy a knock on the door in the middle of the night to move the car or somtething, but I certainly would park there if no car is parked in the drive-way (blocking their access TO the car park) since, as I said, parking spots are rather rare around that street.

I will take it up with the council, but I just wanted to check the "legality" of parking there first...

So I can take it that "council rules" overrule private "decisions", unless the owners apply to the council to get the white lines removed?

Seth Brundle

galah wrote:

So I can take it that "council rules" overrule private "decisions", unless the owners apply to the council to get the white lines removed?

Definitley. In fact the usual procedure for what your neighbour has done is to pay the council to alter the kerb!

galah

Hm, I take it the council wouldn't employ three shady-looking Eastern European lads in an unmarked van, would they?

MrPudding

galah wrote:

Hm, I take it the council wouldn't employ three shady-looking Eastern European lads in an unmarked van, would they?

If they had any sense they would.

MrP

Fey!

It's Galway Corpo you're talking about; of course they would!!!

What part of town are you based in? I take it that it's Claddagh or Shantalla given that it's pay 'n' display. Don't expect help from Galway Corpo or it's employees; I know from a lot of experience that you'd be better off talking to the wall.

galah

close to Shantalla ;-)

The council are a touch useless alright, but it really aggravates me that my neighbours are just so selfish and inconsiderate (I mean, if they took away one spot while taking their own car "off the road", grand, but THREE spaces?

Just a touch selfish, in my book...

Del2005

They would have needed to get planing permission to alter the front of the house. Can you see if Galway CC have an online list of PP aplications? If they don't have PP then park away. They are just trying to save money by not having to us the Pay and display. BTW do you get on with these people? Only asking cause I can see loads of hassle with this whichever way it goes.

But the way to go is definately the CC and maybe the Gardai as they are breaking some law!!

galah

well, that's the problem - they have PP to alter their front yard, but no PP to lower the kerb (as far as I know, this should be specified in the planning permission - at least all the other neighbours down the road who had their driveway put in has the stipulation "lower kerb" in their PPs...

And I don't even know the owners (the place is rented out to a bunch of foreigners...)

But I guess as long as the council does not remove the official pay and display parking boxes, I can park there...;-)

cormac_byrne

If they have planning permission to change their front to vehicular access, then the corpo should eventually come along and replace at least 1 of the parking spaces with a yellow box. They won't be happy if he has done a diy job on the kerb as they're liable if it's not done properly and someone trips over it.

My suggestion would be for you in the dead of the night to paint a yellow X across one parking space (or else double yellow lines)

This should guarantee them access and let you park guilt free in one of the other spaces.

If the corpo come along and have a fit about the yellow box (obviously you have no knowledge of it), yer man next door will get the blame.

Esel

cormac_byrne wrote:

If they have planning permission to change their front to vehicular access, then the corpo should eventually come along and replace at least 1 of the parking spaces with a yellow box. They won't be happy if he has done a diy job on the kerb as they're liable if it's not done properly and someone trips over it.

My suggestion would be for you in the dead of the night to paint a yellow X across one parking space (or else double yellow lines)

This should guarantee them access and let you park guilt free in one of the other spaces.

If the corpo come along and have a fit about the yellow box (obviously you have no knowledge of it), yer man next door will get the blame.

Best load of tripe I've read in a while tbh.

FX Meister

galah wrote:

Hm, I take it the council wouldn't employ three shady-looking Eastern European lads in an unmarked van, would they?

Nope, probably 13 shady looking Irish guys with 3 to do the work and the rest to watch. They would probably take twice as long though.