PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

S106 Town and Country Planning Act restriction on applying for resident parking permit
ohnoes
post Fri, 26 Jan 2018 - 11:44
Post #1


Member


Group: Members
Posts: 94
Joined: 18 Apr 2016
Member No.: 83,810



So I live in a flat where there is a s106 planning obligation that prevents residents from applying for a residents parking permit.
The Council is using s106 to insert such clauses in order to make new builds 'car free' and boost it's eco credentials.

Reading online, there has been a few judgements in the courts which confirm that s106 obligations cannot restrict applications for on street parking permits and are illegal/unenforcable.

Here is one commentary on the last judgement: https://www.ftbchambers.co.uk/news/court-ap...be-saved-london

Of course, I would have to talk to a solicitor and planning specialists are quoting between £1500-2000 to review our documents and see if the s106 obligation is enforcable.

Can anyone shed light on what the course of action against the Council may be if the solicitors do find the parking permit clause to be unenforcable?
I don't want to pay £2k to then be told I need to go to Court and pay another £10k to force the council to respect the law!

Currently we do not live in a Controlled Parking Zone but the Council is planning to introduce one later in the year.

This post has been edited by ohnoes: Fri, 26 Jan 2018 - 11:45


--------------------
PCNs sucessfully contested with the help of this forum:
Newham 1/1
Enfield 1/1

PPC successfully contested with the help of this forum:
1/1
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 16)
Advertisement
post Fri, 26 Jan 2018 - 11:44
Post #


Advertise here!









Go to the top of the page
 
Quote Post
cp8759
post Fri, 26 Jan 2018 - 12:10
Post #2


Member


Group: Members
Posts: 3,381
Joined: 3 Dec 2010
Member No.: 42,618



Surely this is only an issue if you want to move into one of the affected new builds?


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Go to the top of the page
 
+Quote Post
ohnoes
post Fri, 26 Jan 2018 - 12:27
Post #3


Member


Group: Members
Posts: 94
Joined: 18 Apr 2016
Member No.: 83,810



QUOTE (cp8759 @ Fri, 26 Jan 2018 - 12:10) *
Surely this is only an issue if you want to move into one of the affected new builds?


I am living in a new build that is bound by this s106 obligation.
When I moved in a few years ago I had no need for a car but circumstances have changed and I now need a car and park it outside my home.

If the S106 obligation not to apply/be issued a permit is invalid I want to explore legal options of challenging it.


--------------------
PCNs sucessfully contested with the help of this forum:
Newham 1/1
Enfield 1/1

PPC successfully contested with the help of this forum:
1/1
Go to the top of the page
 
+Quote Post
The Rookie
post Fri, 26 Jan 2018 - 12:54
Post #4


Member


Group: Members
Posts: 38,837
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Ulitimately the only way to make a recalcitrant council agree to your demand is via court, nothing else can make them do it, that said they have no interest in wasting time and money on a court case either, so personally I’d suggest you put together a clearly well researched and understandable case and start by taking the matter up with your local old duffer, sorry, councillor.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
Go to the top of the page
 
+Quote Post
southpaw82
post Fri, 26 Jan 2018 - 14:26
Post #5


Member


Group: Members
Posts: 28,231
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



Read s 106A and B. On the face of it you can make an application to the council and then appeal to the Secretary of State.


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
ohnoes
post Fri, 26 Jan 2018 - 15:01
Post #6


Member


Group: Members
Posts: 94
Joined: 18 Apr 2016
Member No.: 83,810



QUOTE (southpaw82 @ Fri, 26 Jan 2018 - 14:26) *
Read s 106A and B. On the face of it you can make an application to the council and then appeal to the Secretary of State.


Thanks.

At the moment the plan is to get some legal advice on the validity of the s106 obligation and then to draft up some documents to take to the Council.
If I can get them to see sense we can save each other a lot of money and we all get to park our cars outside when they create the CPZ.
We will of course comply if the obligation is legal smile.gif


--------------------
PCNs sucessfully contested with the help of this forum:
Newham 1/1
Enfield 1/1

PPC successfully contested with the help of this forum:
1/1
Go to the top of the page
 
+Quote Post
nigelbb
post Fri, 26 Jan 2018 - 15:37
Post #7


Member


Group: Members
Posts: 3,183
Joined: 17 Mar 2013
Member No.: 60,602



The cases quoted appear to show that the council cannot use section 106 planning obligations with regard to parking permits.
https://www.colmancoyle.com/team/is-a-parki...ing-obligation/

Perhaps the simplest low cost approach would be to apply for a resident’s parking permit then appeal if that is refused quoting those judgments?


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
Go to the top of the page
 
+Quote Post
ohnoes
post Fri, 26 Jan 2018 - 16:51
Post #8


Member


Group: Members
Posts: 94
Joined: 18 Apr 2016
Member No.: 83,810



QUOTE (nigelbb @ Fri, 26 Jan 2018 - 15:37) *
The cases quoted appear to show that the council cannot use section 106 planning obligations with regard to parking permits.
https://www.colmancoyle.com/team/is-a-parki...ing-obligation/

Perhaps the simplest low cost approach would be to apply for a resident’s parking permit then appeal if that is refused quoting those judgments?


That is also an option- I'm just apprehensive about getting to the point the CPZ goes live and then facing up to a Council who may refuse to budge until I take legal action.


--------------------
PCNs sucessfully contested with the help of this forum:
Newham 1/1
Enfield 1/1

PPC successfully contested with the help of this forum:
1/1
Go to the top of the page
 
+Quote Post
Korting
post Fri, 26 Jan 2018 - 21:08
Post #9


Member


Group: Members
Posts: 977
Joined: 13 May 2010
Member No.: 37,524



I sit on the Planning Committee of a London Borough, (I wont tell you which one) and most of the development applications are car free. It is policy that new developments do not have one car space per flat and all have to have storage for 2 bicycles per flat.

In each case, the developer has to pay towards a CPZ for local residents (if they so choose) and residents in the flats cannot obtain permits.

The article from Colman Coyle is interesting but I'm interested in the last paragraph

Lord Justice Lewison also noted that the London Borough of Hounslow had dealt with this issue by excluding each new household included in a new development from the schedule of streets in the statutory instrument creating the controlled parking zone, so that those households could not apply for a parking permit.

That would work if the development was completely self contained, but what if the development was part of a normal road? ie 1-20 Aaaaa Court, Bbbbb Rd XX1 2YY. It would be likely that the development would have the same road name and postcode of the existing dwellings so how can you exclude it from the schedule of streets?


Go to the top of the page
 
+Quote Post
DancingDad
post Fri, 26 Jan 2018 - 21:23
Post #10


Member


Group: Members
Posts: 18,916
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



Not especially relevant but the comment from Korting relates to a local development near to myself.
And old office block has received planning permission to be turned into 70 flats.
No on site parking.
Car park opposite which most of the office workers used as well as local shoppers has already gone, with a new leisure centre in its place, again, no onsite parking.
This is all in an area where the majority of residential houses are terrace with no off street parking and no room for residents to even convert the front garden as they are tiny. Already jammed parking and been talk of making it a permit area for years.
I could not understand how a development of 70 flats could take place without parking being available but I suspect I now know.
Go to the top of the page
 
+Quote Post
notmeatloaf
post Fri, 26 Jan 2018 - 22:51
Post #11


Member


Group: Members
Posts: 1,142
Joined: 4 Mar 2017
Member No.: 90,659



IMO as The Rookie saus best thing is to contact your local councillor as a concerned hard working voter, they can do much more behind the scenes than you ever can.

You may well win a while down the line in a legal battle with the council. The problem is that it is expensive and you need somewhere to park your car in the interim. My experience is that "bang" and "wife" are better received with council bods than "I think you're wrong on this point" and "solicitor".

You always win against councils, but they can make your life bloody difficult in the interim.
Go to the top of the page
 
+Quote Post
Korting
post Sat, 27 Jan 2018 - 09:17
Post #12


Member


Group: Members
Posts: 977
Joined: 13 May 2010
Member No.: 37,524



Both Dancing Dad and not meatloaf are correct, local councillors can do more behind the scenes than you can.

Remember when taking Councils to Court that they have very deep pockets filled with taxpayers money and they will not hesitate to use it if they think they are correct and to prove a point.

The problem is with the officers who seem to live on a different planet and appear to have no conception of life for ordinary people.

Dancing Dad, please feel free to PM me if you want to chat more about this.
Go to the top of the page
 
+Quote Post
Keyser Söze
post Sat, 27 Jan 2018 - 12:17
Post #13


Member


Group: Members
Posts: 36
Joined: 25 Jan 2018
Member No.: 96,152



The granting of permits will need to be set out in a order approved at council commitee level. The order will list all the addresses that qualify for a permit and if your address is not listed in the order it means that the council has chosen to exclude it from qualification. This is what the Judge was referring to with his statutory instrument comment. Is the proposed draft order available for inspection yet?
Go to the top of the page
 
+Quote Post
ohnoes
post Mon, 5 Feb 2018 - 11:17
Post #14


Member


Group: Members
Posts: 94
Joined: 18 Apr 2016
Member No.: 83,810



QUOTE (Keyser Söze @ Sat, 27 Jan 2018 - 12:17) *
The granting of permits will need to be set out in a order approved at council commitee level. The order will list all the addresses that qualify for a permit and if your address is not listed in the order it means that the council has chosen to exclude it from qualification. This is what the Judge was referring to with his statutory instrument comment. Is the proposed draft order available for inspection yet?



The draft order is available, and shockingly, they've left out the main road running through the zone (Fore Street) of which I am a resident.
I have asked them to clarify if this is intentional or a mistake as it is a long road with a number of properties on it.

If it isn't a mistake I doubt the S106 would matter as according to the draft traffic order anyone on Fore Street isn't eligible for a permit anyway?

https://new.enfield.gov.uk/services/roads-a...s-event-day.pdf

The map etc showing Fore Street in the middle of the zone is here: https://www.pclconsult.co.uk/projects/thfc-stadium/


--------------------
PCNs sucessfully contested with the help of this forum:
Newham 1/1
Enfield 1/1

PPC successfully contested with the help of this forum:
1/1
Go to the top of the page
 
+Quote Post
Korting
post Mon, 5 Feb 2018 - 23:47
Post #15


Member


Group: Members
Posts: 977
Joined: 13 May 2010
Member No.: 37,524



This is an event day zone CPZ. That means that regulations only come in to play on certain days.

It seems to me that the Council is being petty minded about this.

Have you contacted your local Councillors? You might like to engage with the lead member for highways. Enfield is a Labour controlled borough, if you get nowhere with your Councillors try contacting one of the Conservative Councillors.
Go to the top of the page
 
+Quote Post
ohnoes
post Tue, 6 Feb 2018 - 12:15
Post #16


Member


Group: Members
Posts: 94
Joined: 18 Apr 2016
Member No.: 83,810



QUOTE (Korting @ Mon, 5 Feb 2018 - 23:47) *
This is an event day zone CPZ. That means that regulations only come in to play on certain days.

It seems to me that the Council is being petty minded about this.

Have you contacted your local Councillors? You might like to engage with the lead member for highways. Enfield is a Labour controlled borough, if you get nowhere with your Councillors try contacting one of the Conservative Councillors.


I spoke to the consultation team who said the omission of Fore Street was a mistake.

You are correct, that currently it is an event day only cpz that they are planning. However, they have put forward plans to make a few estates within the event day CPZ controlled parking 24/7, and the ultimate aim will be to make the entire thing controlled daily with the inevitable displacement of vehicles from within the estates (in my opinion).

You're right about contacting the Council. It looks like I could go that way, or the formal route using S106 by writing to the council and asking them to strike out that obligation. If no joy with the Council there is an appeal route to the planning inspectorate.


--------------------
PCNs sucessfully contested with the help of this forum:
Newham 1/1
Enfield 1/1

PPC successfully contested with the help of this forum:
1/1
Go to the top of the page
 
+Quote Post
Korting
post Tue, 6 Feb 2018 - 22:15
Post #17


Member


Group: Members
Posts: 977
Joined: 13 May 2010
Member No.: 37,524



I'm not so sure about an appeal route to the Planning Inspectorate, as far as I know this is for applicants who've had their planning applications refused. You will have to seek advice from a Town & Country Planning specialist.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Tuesday, 17th July 2018 - 11:46
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.