A garage owner from Sutton, Surrey, has successfully defended a High Court challenge over parking rights and access to property near to his garage.
Peter Marlow, who runs a servicing and repair business with his wife, Patricia, at 41 Morland Road, has won the right to park up to six cars, in connection with the business, on neighbouring land. He has also been awarded limited rights of access to the former Mission Hall in Albert Road, which the couple purchased from the trustees of the Clifton Hall Trust in 1993.
A potential developer of property in the area, William Batchelor, had challenged the Marlows rights to parking and access on the basis that their use of the land for storing and parking vehicles was excessive.
However, dismissing the challenge, Mr Nicholas Warren QC, sitting as a deputy judge of the Chancery Division, said today that the Marlows had established that they were entitled to limited rights of way over the land as access to the former Mission Hall, and had a right to park up to six cars a day, on a temporary basis, on Mondays to Fridays during normal business hours.
Batchelor v Marlow and another Chancery Division (Mr Nicholas Warren QC, sitting as a deputy judge of the Division) 11 May 2000.
PLS News 11/5/00
