Scooter showroom fails to comply in bike parking row

Residents in Fortune Green have become increasingly unhappy with motorcycle showroom Capital City on Fortune Green Road, and have persuaded Camden to take action. Capital City has, however, failed to comply.

According to locals, who are reluctant to be named after what they claim have been some altercations with the showroom owners, the business continues to break numerous rules: parking motorcycles for sale on the pavement and road and thereby making it hard for pedestrians to pass (especially those with pushchairs or in wheelchairs), trading at unauthorised times, and causing noise disturbance.

The business is, they point out, also unauthorised to place vehicles on its own forecourt, as the premises is classified for A1 retail use, not a motorcycle showroom. Nearby neighbours complain that the parked vehicles can at times occupy up to five parking spaces in an area where parking is already limited, and that they are being disturbed by the noise and fumes of cycle repairs being carried out.

Camden’s planning department has issued two enforcement notices, the first of which was issued in March and concerns a timber structure erected to the rear of the building used as a garage, for which Capital City has no planning permission. Elizabeth Beaumont, Appeals and Enforcement Team Manager at Camden, confirmed in an email that “The enforcement notice for the rear extension was not complied with and prosecution procedures have begun.”

The second enforcement notice deals with the various breaches of planning controls. Capital City was given the choice to either cease using the unit as a motorcycle showroom, or to cease storing bikes on the forecourt, cease causing disturbance with repairs and only open for trading during designated hours and days. It had to either appeal or comply with the notice by October 4th, but Elizabeth Beaumont confirmed that this, too, had received no reaction: “A visit yesterday [Oct 7th] confirmed the notice had not been complied with and we are now commencing with prosecution procedures for this matter as well.”

This was also verified by a local resident who photographed the shop the day compliance was required. It clearly shows bikes parked outside.

Motorcycles on the forecourt and road

Motorcycles on the forecourt and road

Open for Sunday trading against regulations

Open for Sunday trading against regulations – note the ‘OPEN 7 DAYS’ sign

The same resident also alleges that Capital City has been using the road outside its premises and that of its neighbour, Nautilus, to park its motorcycles for sale, contravening the Clean Neighbourhoods and Environment Act 2005 which prevents more than two motor vehicles from being sold outside on a public highway within 500m of each other.

West Hampstead Life spoke to Capital City about these alleged breaches of the planning regulations and asked if it planned to comply. Nick, one of the business’s owners, claimed not to have received the enforcement notice concerning the planning breaches, but said that he was in discussions with Camden’s planning department about making alterations to the wooden garage structure. He was unhappy to have received “abusive letters from people” and been “shouted at” whilst “trying to adhere to the rules”.

He said he was aware of the rule preventing vehicles to be advertised for sale on the road, but that motorcycles parked on the street were in fact “customers’ bikes brought in for repair”, and were legally parked on a stretch of the road which is available for public parking after 12pm, not residents’ parking bays.

This is countered by a photograph taken by another neighbour, who also claims Capital City had two cars for sale outside its showroom.

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It now seems that the only end to this situation is if Camden successfully manage to prosecute the business. Residents meanwhile are increasingly frustrated by Capital City’s unwillingness to change its behaviour, and by the slow-moving processes of the planning department – the issue was first flagged to Camden at least 12 months ago.