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Section 106 agreement, Resident parking permit renewal rejected after 12 years
Marcjet
post Thu, 21 May 2020 - 07:47
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I bought a shared ownership flat in Clapham in 2008 and have been parking using resident parking permits in the appropriate lambeth parking zone for which my permit was issued and then renewed annually and sometimes 6 monthly for almost 12 years and this with my current and previous car.
When I wanted to renew my permit last month. It was approved and a few days later I received an email from lambeth advising me that my parking permit renewal had been rejected as my building was part of a section 106 agreement and therefore not eligible for resident parking permits. Attached was a 3 months temporary permit so that I could find alternative arrangements for my car.
I was not sure if this was real as I found the email in my junk mail and each time I looked at my account with lambeth parking.my permit was issued and valid until October.
Then last week I received an email telling me that my permit was now cancelled and my payment refunded.and as a matter of fact. It was in my account the next day.
There is no appeals option or email address to reply and just a link to Lambeth parking and the section 106 explanation etc and another to the ombudsman.
Finding parking in Clapham is next to impossible and the 4 spaces within the building courtyard are disabled spaces and I am now so stuck. I am cabin crew on private jets and need my car to work from all private, commercial and military airports around London and can't belive that they can just do this after issuing me permits for 12 years and now just refusing to.
Does anybody know what my options are to appeal or how to approach this?
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post Thu, 21 May 2020 - 07:47
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Incandescent
post Thu, 21 May 2020 - 08:15
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Raise a complaint with the council and also get hold of the councillor for your ward. What they have done is pretty outrageous, but that is how councils are these days, I'm afraid.
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ohnoes
post Thu, 21 May 2020 - 08:27
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QUOTE (Marcjet @ Thu, 21 May 2020 - 08:47) *
I bought a shared ownership flat in Clapham in 2008 and have been parking using resident parking permits in the appropriate lambeth parking zone for which my permit was issued and then renewed annually and sometimes 6 monthly for almost 12 years and this with my current and previous car.
When I wanted to renew my permit last month. It was approved and a few days later I received an email from lambeth advising me that my parking permit renewal had been rejected as my building was part of a section 106 agreement and therefore not eligible for resident parking permits. Attached was a 3 months temporary permit so that I could find alternative arrangements for my car.
I was not sure if this was real as I found the email in my junk mail and each time I looked at my account with lambeth parking.my permit was issued and valid until October.
Then last week I received an email telling me that my permit was now cancelled and my payment refunded.and as a matter of fact. It was in my account the next day.
There is no appeals option or email address to reply and just a link to Lambeth parking and the section 106 explanation etc and another to the ombudsman.
Finding parking in Clapham is next to impossible and the 4 spaces within the building courtyard are disabled spaces and I am now so stuck. I am cabin crew on private jets and need my car to work from all private, commercial and military airports around London and can't belive that they can just do this after issuing me permits for 12 years and now just refusing to.
Does anybody know what my options are to appeal or how to approach this?



You need to see a copy of the Section 106 agreement for your building.
This should have been flagged to you at the time of purchase by your solicitor, i.e. this is quite common in London especially with newer buildings.
Depending on the wording and what legislation the S106 agreement was made under it may be technically unenforceable but you'll need to hire a solicitor to convince the council otherwise, and this will be a costly endeavour. Here is some light reading on the subject: https://www.ftbchambers.co.uk/news/court-ap...be-saved-london

The only usual exclusion to a car free obligation in a S106 agreement is for blue badge holders or those who care for blue badge holders.
Suggest it is time for you to start looking for a private parking space if you intend to keep your car.
As you've experienced parking departments are a bit dim, so they aren't always on the ball with enforcing S106 agreements- the fact they haven't previously barred you from a permit, doesn't mean they can't stop now.

I live in a building with a similar restriction and the Council have mistakenly issued some permits to residents and rejected others.
When they finally cotton on, we will go down the legal route with our neighbours but it will probably cost us over £10,000 to get this overturned.

This post has been edited by ohnoes: Thu, 21 May 2020 - 08:32


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hcandersen
post Thu, 21 May 2020 - 12:26
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Planning obligations, also known as Section 106 agreements (based on that section of The 1990 Town & Country Planning Act) are private agreements made between local authorities and developers and can be attached to a planning permission to make acceptable development which would otherwise be unacceptable in planning ...

So, have you actually seen the basis of the council's claim. This is NOT merely the existence of a S106 agreement, it's what it provides.

And s106 agreements are made at the time of granting planning consent.

You say you've lived there for 12 years.

What the hell was the planning consent to which was attached a s106 agreement?

Not 2008. So, has something material changed?

Find out.

This is not about parking law, it's about you fact finding.

But you have a practical problem to manage pro tem, so what local options are available to you?
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Mad Mick V
post Thu, 21 May 2020 - 13:52
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+1
They agreed a number of parking spaces at the planning permission stage with the developers.

In marketing properties the developers obviously indicated that permit parking would be available.

I would check the sales documents and the deeds if possible.

My view is that the Council cannot unilaterally cancel a permit, especially administratively, without giving background information and the process whereby a planning committee cancelled a Section 106 Agreement.

After 12 years the OP has established a legitimate expectation that he could get a permit. If the OP had no advance warning of these changes then that is inexcusable.

Neither can he Council take instant action in the way it has, they have a duty to act fairly. If they have offered a free three month grace period that has to be taken into account but they are still culpable.

The flat is on a shared ownership basis, maybe a key worker scheme, so it might be worthwhile contacting the--- housing association/Peabody Trust?---for their views.

If I was the OP I would garner some background information, as per hca, and attempt to raise a formal complaint with a view to take this case to the LA Ombudsman.

Mick

This post has been edited by Mad Mick V: Thu, 21 May 2020 - 13:53
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phantomcrusader
post Thu, 21 May 2020 - 21:26
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There has been a court of appeal ruling on this.
https://www.localgovernmentlawyer.co.uk/pla...ing-the-obvious
If it finds in your favour, refer the council to the ruling. They cannot legally ignore it.
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Mad Mick V
post Fri, 22 May 2020 - 06:17
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OP----you need to look on line for the S106 Agreement and specifically any Deeds of Variation. You also need to investigate how S106 BA affects affordable housing requirements.

This will help:-
https://www.lambeth.gov.uk/sites/default/fi...-s106-faq_0.pdf

It states:-

"If a deed of variation is requested, a planning officer will need to authorise the variation, determining whether or not the change is justified. In certain cases, the variation may need to be authorised by the Planning Applications Committee".

Mick

This post has been edited by Mad Mick V: Fri, 22 May 2020 - 06:18
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