Off Street Parking Order – LCC “Opinion”

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”.

Off Street Parking Order - Lincolnshire County Council Opinion

There is nothing like a definitive statement:

  • On advice from LCC Legal Services
  • and Highways,
  • we are of the opinion

The Facts

  • 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.

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