Ban a business from a public place?

mikemac

Not asking as a NIMBY, more a general question.
Oh and I understand boards doesn't give legal advice and so on


There is a very steep hill at the entrance of our estate.
Now I mean seriously steep, I'd be sweating walking up it

So we are the mecca for the local driving schools teaching their students hill starts.

You can come back some evenings and find at least two driving schools cars on that hill practicing away.

But it's a pain, it's a narrow road as it is and during the evenings, residents have to stop and wait for oncoming cars to pass. I'm not a NIMBY, it's not a huge inconvenience but it's there anyway.

It's a private estate, council don't manage it, the management company have management agents to do it. And when there was snow and ice it was the management agent who had to get grit and workmen


It's not gated and is completly open to the public, anyone can drive in.
So maybe it has the same status as a shopping centre car park? Private property but open to the public?
Can a management company ban driving schools from the road? Could the driving school argue it's open to the public, again like the shopping centre car park?

Jo King

If the management company own the road they can ban who they like, other than persons they are obliged to admit under the terms of the leases. The usual thing is to put up a sign PRIVATE / RESIDENTS ONLY at the entrance. When the driving schools come, point it out to them. That will usually be enough.

Marcusm

Contact the managing agent and make them aware of the situation. Tell them that you would like them to write to the driving schools instructing that they have no business occupying the property for this purpose. It would be useful to provide the reg plate details etc. It would also be sensible to have private signs erected.

If, as you have stated, this causes traffic to queue at a hill/corner it will likely lead to frustration which can precipitate dangerous driving practices.

Zenga

Definately call the managing agent and make them aware of the situation. But also be aware that any signage will have to be put up at the owners cost!

Another thing to remember is that the road may not actually be owned by the management company, it sounds like it is but it wasnt unusual for managing agents to grit roads and footpaths on public roads in the domain of the county council as they werent able to get around to every road last year.

Finally it will be tough for the managing agent to stop random driving schools and cars from using the roads as they are open to the public and although they can request that they dont use the road they wont be able to ban them if they are open to the public.

Marcusm

Zenga wrote: »

Finally it will be tough for the managing agent to stop random driving schools and cars from using the roads as they are open to the public and although they can request that they dont use the road they wont be able to ban them if they are open to the public.

I'm sorry to be so blunt but this is rubbish and potentially perpetuating a myth. The position is no different from any privately owned land such as your garden or driveway.

If the property is owned by the management company and absent a public right of way (which is unlikely to exist unless you can drive through the estate and onto another road), the management company is perfectly entitled to preclude anyone other than those holding rights of entry - mostly being home owners, tenants, their explicit invitees and service providers.

mikemac

Thanks for replies all

And just to confirm, yes the road up the hill into the estate doesn't lead anywhere.
Just goes into the estate, that's all

You can't drive into the estate and come out somewhere else, only one road in and out.
So it's busy in the evenings with people coming back from work or heading to shops, etc and the driving schools are clogging it up.

And it's definitely off the main road, zero to do with the council.

I'll get onto the management agent to get a sign or two and have them make a quick phonecall to the local schools.

Zenga

Marcusm wrote: »

I'm sorry to be so blunt but this is rubbish and potentially perpetuating a myth. The position is no different from any privately owned land such as your garden or driveway.

If the property is owned by the management company and absent a public right of way (which is unlikely to exist unless you can drive through the estate and onto another road), the management company is perfectly entitled to preclude anyone other than those holding rights of entry - mostly being home owners, tenants, their explicit invitees and service providers.

As I stated in my post it may have been conveyed over to the council in which case it is a public road. I have experience of this and thats why im trying to guard against people having unreasonable expectations.