Help ease congestion and improve resident safety

Can you make a small change that will ease congestion on Brooklands narrow streets and improve safety for everyone?

Each individual resident on Brooklands is entitled to the same rights and is subject to the same restrictions as every other resident. These rights and restrictions are documented within the private deed created by Miller Homes, and it enabled them to build our development with narrow roads and little or no separation (safety margin) between many of our house-fronts and the street verge. The document is known as a covenant and is registered against each property’s land registry deeds. The same rights and restrictions legally bind every sub-tenant/occupier and every subsequent property owner, in perpetuity.

We all have the exact same right to free access, with or without a vehicle, to move over the estates roads and shared driveways, and on foot only over the estates footpaths. However, we have no right to park on these areas as in doing so, we are removing the rights of all other residents to move freely over them. This the fundamental difference between living on private deed restricted estate and a normal local authority street. In addition, national and local authority laws also apply to Brooklands roads and footpaths.

Use your allocated parking space or private driveway first. Many of us are frustrated by our ridiculously small garages and the shortage of places to park on Brooklands, however, a large percentage of our allocated off-street parking areas are left unused while our roads are cluttered with the vehicles of drivers not wanting to walk more than a few footsteps from their car to their front door. You can help improve our roads by always using your allocated parking space or the empty driveway in front of your garage before you park a car on our narrow estate roads. There are 23 allocated visitor parking spaces on Brooklands which may be used as needed, but without excluding use by others residents and their visitors.

Please do not park on paved areas and street corners. No vehicle should be parked on a area where the road turns 90° and where two streets intersect. The highway code regulation of ‘no parking within 10m of a corner’ applies on Brooklands. In mid 2021, LCC adopted Brooklands streets, footpaths and streetlights from the developer. LCC have a review underway for no parking signage and street markings. We have enjoyed a period of grace, however, do expect fines for parking infringements to soon be with us. Our paved road areas are slippery when wet and become extremely dangerous in wintery conditions. The foundation beneath the pavers is not of a sufficient grade to support the weight of parked vehicles.

Paved areas designated as ‘Dropped Kerb’, some with bollards to further restrict parking. A dropped kerb is a section of pavement that’s lowered to make it easier for people with disabilities to get from the pavement to the road or for vehicles to drive across only (no stopping). They can be in the middle of the block or on a corner but the rules about parking on a dropped kerb are the same no matter where they’re located. Highway Code Rule 243 of the Highway Code identifies where you are not allowed to park. One of the restrictions is that you can’t part where the kerb is lowered to provide easier access for wheelchairs and powered mobility vehicles.

Footpaths are for pedestrians only. Parking on the footpath became illegal across the UK in 2020. Many local authorities are aware that funds from footpath parking penalty notices are a useful boost to their income and such fines help to offset the expensive burden of footpath repairs. Brooklands’ footpaths are relatively new and in good condition, but they are not constructed to take the weight of a vehicle. Our deed clearly states “all residents have access on foot only over the estates footpaths". Please leave our estate footpaths free for their intended purpose; for pedestrians, pushchairs, mobility scooters and the visually impaired.

Fixed penalty for bins left on our footpaths after 7pm on bin day. Are you aware that our local authority [WLDC] can enforce the UK-wide law requiring bins to be returned to inside your property boundary by the end of bin day? Generally speaking, our residents are extremely good with returning bins to their property. We have a proceedure in place that starts with a polite verbal request followed by a written request from our managing agent to repeat offenders, asking for bins to be removed from Brooklands’ footpaths. These letters are the first legal step prior to WLDC issuing a ‘notice of intent’ followed 28 days later by an £80 fixed penalty notice.

Every property owner on Brooklands has signed a legal deed accepting they will only park a roadworthy private motor vehicle not exceeding three tonnes gross laden weight and not exceeding two meters in height on our estate. The parking of Commercial vehicles, Caravans, Campers, Horseboxes, Boats and Trailers is nor permitted on our estate roads nor in front of the frontage line of any building on any property.

Landlords beware: Repeated failure by their sub-tenant occupier to comply with deed conditions that cause nuisance or infringe on the rights of other residents can lead to the management company revoking their lease.

Clauses from our Brooklands lease deed

Please make yourself familiar with the parking, road, shared driveway and shared footpath usage clauses from the deed that binds every property owner/tenant on our development.

Schedule 4 (Resident Restrictions) Clause 8

Parking:

8.1 Not to park any motor vehicles on any part of the Property (Estate) and in any parking space except a roadworthy private motor vehicle not exceeding three tonnes gross laden weight and not exceeding two metres in height, and not to carry out any vehicle maintenance repair or testing on any parking space.

8.2 Not at any time keep in front of the frontage line of the buildings erected on the Property (Estate) any boat horsebox caravan or trailer

8.3 Not to deposit anything on the Shared Footway or Shared Driveway to obstruct or permit the same to be obstructed, and not to allow any occupier of or visitor to the Property to infringe this covenant.

Schedule 2 (Resident Rights) Clauses 9-10

The rights for the Tenant (Resident/Occupier) and all persons authorised by it (them), in common with all others having a similar right:

9.0 of way to move with or without vehicles over the Estate Roads and the Highway Verge, and on foot only over the Estate Footpaths (in common with all others having a similar right)

10.0 to use any Open Space in such a way as may be conducive to the manner in which it is laid out, constructed or provided, but in any event as ancillary (beneficial) to reasonable domestic and recreational purposes only and subject to any regulations which the Management Company makes from time to time.