To restrict access to Off Street Parking an Off Street Parking Order is required. Yet Lincolnshire County Council (LCC) state (see below): “On advice from LCC Legal Services and Highways, we are of the opinion that a height restriction can be erected without a parking order”.
There is nothing like a definitive statement:
- On advice from LCC Legal Services
- and Highways,
- we are of the opinion
- Opinion is of no importance.
- Highways advice is not a legal statement.
- If the “advice” exists from “LCC Legal services” it is no more than a red herring unless a public statement is provided to this effect from their solicitor.
I have requested that LCC provide a definitive statement from their solicitor to the effect “that a height restriction can be erected without a parking order (Off Street Parking Order)”. If LCC decline to provide such a definitive statement we can assume they agree that such an order is required.
If LCC provide a definitive statement from their solicitor I will refer the matter to the Solicitors Regulation Authority . I believe if the Lincolnshire County Councils solicitor makes such a statement they are in breach of the mandatory SRA Principles which apply to all.