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s106 Town and Country Planning Act restriction on applying for a parking permit
Hello,
I live in a new build block of flats that was completed in 2015.
During the planning of the development, the council created obligations under S106 of the Town and Country Planning Act that bound the developer of the site, and any subsequent occupier of the building.
One of these obligations was a restriction on applying for a resident parking permit, in the event the Council introduced a Controlled Parking Zone in the area.
The relevant (I think) wording from the S106 agreement is:
Planning Obligation by Deed of Agreement under S106 of the Town and Country Planning Act 1990
LEGAL BASIS:
This deed is made pursuant to
a) Section 106 of the Act;
b) Section 111 of the Local Government Act 1972 and
c) Section 1 of the Localism Act 2011
9.1 The developer covenants with the Council that it shall prior to Occupation of Dwellings forming part of the development notify in writing all occupiers of dwellings that (unless they are the holder of a disabled persons badge issued pursuant to Section 21 of the Chronically Sick and Disabled Persons Act 1970) they are not to be granted a permit to park a vehicle in a residents parking bay within any existing of future controlled parking zone within the borough and will not be able to buy or contract to park within any car park owned or controlled or licensed by the Council'
9.2 The developer acknowledges that the above provision in 9.1 shall remain and apply permanently
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The Council are now planning to introduce a Controlled Parking Zone in the area, which means we will not be able to park outside our homes any longer as we are not eligible to apply for parking permits based on the content of the s106 agreement.
I have done some reading on S106 obligations, and it seems there is case law that suggests a restriction on applying for resident parking permits cannot be enforced through a s106 obligation.
The relevant cases seem to be: R (Khodari) v. RB Kensington and Chelsea [2017] EWCA Civ 333 and Westminster City Council v. SSCLG [2013] EWHC 690 (Admin))
A number of articles/blogs on the matter are available online (for example):
https://www.ftbchambers.co.uk/news/c...e-saved-london
http://planninglawblog.blogspot.co.u...ed-by-106.html
I understand that I will need to pay for a legal specialist to review the documents in our particular case, particularly to see if S16 of the Greater London Council (General Powers) Act 1974 applies as we are in a London Borough (I do not think it does based on my review of the documents), but I am asking for your help on the forum with some general advice:
How do I find a decent planning law specialist that will not cost the earth?
How much would you expect it to cost for a specialist to give advice on whether the s106 obligation is enforceable?
If we do instruct a solicitor and they are of the opinion that the s106 obligation is not enforceable, what the the potential next steps?
Your opinions gratefully received.
I live in a new build block of flats that was completed in 2015.
During the planning of the development, the council created obligations under S106 of the Town and Country Planning Act that bound the developer of the site, and any subsequent occupier of the building.
One of these obligations was a restriction on applying for a resident parking permit, in the event the Council introduced a Controlled Parking Zone in the area.
The relevant (I think) wording from the S106 agreement is:
Planning Obligation by Deed of Agreement under S106 of the Town and Country Planning Act 1990
LEGAL BASIS:
This deed is made pursuant to
a) Section 106 of the Act;
b) Section 111 of the Local Government Act 1972 and
c) Section 1 of the Localism Act 2011
9.1 The developer covenants with the Council that it shall prior to Occupation of Dwellings forming part of the development notify in writing all occupiers of dwellings that (unless they are the holder of a disabled persons badge issued pursuant to Section 21 of the Chronically Sick and Disabled Persons Act 1970) they are not to be granted a permit to park a vehicle in a residents parking bay within any existing of future controlled parking zone within the borough and will not be able to buy or contract to park within any car park owned or controlled or licensed by the Council'
9.2 The developer acknowledges that the above provision in 9.1 shall remain and apply permanently
-------------
The Council are now planning to introduce a Controlled Parking Zone in the area, which means we will not be able to park outside our homes any longer as we are not eligible to apply for parking permits based on the content of the s106 agreement.
I have done some reading on S106 obligations, and it seems there is case law that suggests a restriction on applying for resident parking permits cannot be enforced through a s106 obligation.
The relevant cases seem to be: R (Khodari) v. RB Kensington and Chelsea [2017] EWCA Civ 333 and Westminster City Council v. SSCLG [2013] EWHC 690 (Admin))
A number of articles/blogs on the matter are available online (for example):
https://www.ftbchambers.co.uk/news/c...e-saved-london
http://planninglawblog.blogspot.co.u...ed-by-106.html
I understand that I will need to pay for a legal specialist to review the documents in our particular case, particularly to see if S16 of the Greater London Council (General Powers) Act 1974 applies as we are in a London Borough (I do not think it does based on my review of the documents), but I am asking for your help on the forum with some general advice:
How do I find a decent planning law specialist that will not cost the earth?
How much would you expect it to cost for a specialist to give advice on whether the s106 obligation is enforceable?
If we do instruct a solicitor and they are of the opinion that the s106 obligation is not enforceable, what the the potential next steps?
Your opinions gratefully received.
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