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A couple has failed in their High Court fight to keep an exclusive car-parking space outside their holiday home in ...
A couple has failed in their High Court fight to keep an exclusive car-parking space outside their holiday home in the picturesque south Wales harbour town of Tenby, where spaces are becoming increasingly hard to find.

Paul and Gillian Richards had challenged Pembrokeshire CC's decision, as part of its efforts to solve years of parking problems in Tenby, to take control of the terrace outside their property, which they have enjoyed exclusive use of for more than 25 years, and throw it open to other local residents with parking permits.

They had asked a judge at London's High Court to quash the council's decision, and order it to rethink the matter.

But, dismissing their challenge, Mr Justice Moses said it was plain that the council had the full power to use the terrace for the parking permit scheme.

Under the scheme put forward by the council, the terrace - which the Richards have considered since they bought the property in 1976 was owned by or for the benefit of the owners of 1-3 Castle Square alone - would be marked out with parking bays along with other local roads.

However, under the plans, the Richards argued the council will issue more car-parking permits to local residents than there will be spaces, meaning that, instead of their own exclusive parking area, they will have to compete with other locals and may, at times, end up with no space at all.

As well as spoiling their enjoyment of their holiday home, the Richards claimed the council scheme would have a major damaging impact on the value of their property, which has been converted into flats mainly used for holiday letting, along with the other two houses at Castle Square. The Richards retain one flat for their own holiday use.

All three properties currently benefit from the raised terrace above Castle Square which provides access, and on which the couple currently park their car.

The Richards argued that their understanding when the y bought the house in 1976 was that the terrace was not adopted by the council, and that the owner of each of the three houses therefore owned the part of the terrace outside his or her house, or at the very least that each enjoyed the exclusive right to park there.

They asked Mr Justice Moses to quash the council's decision, arguing that it has exceeded its powers under the 1964 Harbours Act.

However, dismissing their challenge today, the judge said: 'It is plain from the by-laws that the council had full power to make directions for the control of parking within the harbour area.'

The judge accepted that, where the by-laws are used, they must relate to the use of the harbour. However, he said that while this terrace was not strictly part of the harbour 'the control of parking on this area had a direct effect on the operation of the harbour'.


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