Permitted Development v Section 106 Agreement

[JimMardons]

There is currently a live Prior Approval request to change the use of office space covering two floors immediately above a social club and nursery into residential dwellings through Permitted Development.
The entire building was purpose built as part of a Section 106 agreement designed to provide community space and offset some of the loss of employment when an old factory site was developed.
the developer created only a bare shell for the office space and marketed it poorly - the cost of fitting out made any small business occupation impossible (designed to show lack of interested parties)
There was a parking plan entered in the Planning application as a condition of discharge stating that the social club and office space would share 14 car parking spaces with the idea being that the office space was daytime use and the social club would use the spaces evenings and weekends.
the developer has now sold the freehold for the office space and a new owner is trying for permitted change of use and stating that the 14 spaces will be used by the dwellings.
Can they change parking allocation when it is a formal part of the planning consent? Should S106 protect the social club’s shared parking?

[dslippy]

All you can do is look at the terms of the agreement. s106 agreements can be hard to enforce.

[R0b]

I have come across a few s.106 agreements before and my understanding is that these agreements run with the land and bind successors in title. The fact that there may be a right to convert under a permitted development does not necessarily override the s.1016 agreement as these types of agreements are planning obligations and usually entered into as an alternative to refusing planning permission.

S.106 agreements are simply a contractual agreement between the local authority and the developer at the time, so enforceability can only be done through the LA and by the same token, they can also be varied through agreement.

I'm afraid I can't add much more to that other than it would be risky for the developer to run the argument that a permitted development right overrides a planning obligation unless there is something in the legislation or case law to back it up.

I'm afraid I can't offer much more other than suggesting to contact your local planning authority and make a case against the developer's change of use.