Not entitled to residents permit under Section 106

gentlecleanser

Help!

I have just been to my local council to apply for a Residents parking permit for outside my flat and was shocked with what i was told.

I have recently moved into a newly built flat in Hackney, I have been told by the council that i am not entitled to a permit under Section 106.

Reading on there website this means:

Hackney is committed in creating a safer, cleaner, greener place to live. In doing so it has created some car free developments. If you want to apply for a permit and are not sure if you live in one of these areas please call us on 020 8356 8877. A Car Free Development will be under a Section 106 agreement and will be included in your lease or deeds.
Section 106
Planning contributions, also known as section 106 agreements, are legally binding agreements typically negotiated between local authorities and developers in the context of planning applications.

I have checked thoroughly through my tenancy agreement and it make no mention of this at any point! I was never made aware that I would not be able to park my car outside my flat, and even spoke to the estate agent about the parking restrictions out side (that you need a residents permit)!

I have signed into a years agreement for this flat and enjoy living here . How can i appeal against this or at least get some sort of compensation for not being informed of the parking restriction that came from living in this building??????

My only option to park my car out side where i live now is to pay for visitor permits which would total £520 per year as opposed to residents permit which is £40.

Some advice would be much appreciated as i fell VERY VERY annoyed by this!

gentlecleanser

sorry i would just like to add that my flat is managed and rented through the contractors that built them.

I do not have a private landlord and so no one to blame there.

DaveF327

Section 106 of what exactly?

Although you won't be able to force anyone to give you a permit as the refusal has been a statutory one, you may be able to sue your landlord for breach of contract (to have you released early from your minimum 12 month stay) if they mis-informed you about the parking situation.

You would need to get legal advice about this.

Orford

gentlecleanser wrote: »

Hackney is committed in creating a safer, cleaner, greener place to live. In doing so it has created some car free developments. If you want to apply for a permit and are not sure if you live in one of these areas please call us on 020 8356 8877. A Car Free Development will be under a Section 106 agreement and will be included in your lease or deeds.
Section 106
Planning contributions, also known as section 106 agreements, are legally binding agreements typically negotiated between local authorities and developers in the context of planning applications.

I have checked thoroughly through my tenancy agreement and it make no mention of this at any point! I was never made aware that I would not be able to park my car outside my flat, and even spoke to the estate agent about the parking restrictions out side (that you need a residents permit)!

I have signed into a years agreement for this flat and enjoy living here . How can i appeal against this or at least get some sort of compensation for not being informed of the parking restriction that came from living in this building??????

My only option to park my car out side where i live now is to pay for visitor permits which would total £520 per year as opposed to residents permit which is £40.

Some advice would be much appreciated as i fell VERY VERY annoyed by this!

Planning permission for large developments often include Section 106 agreements, which typically are a contribution towards things like education, amenities etc, but basically can cover anything agreed between the council and the applicant, as in this case, making residents ineligible for Residents Permits.

As they say, it would be mentioned in the deeds or lease, but I wouldn't know whether there is a statutory requirement for it to be included in a tenancy agreement.

I think you would need to seek specialist legal advice.

DaveF327

Orford wrote: »

Planning permission for large developments often include Section 106 agreements, which typically are a contribution towards things like education, amenities etc, but basically can cover anything agreed

Section 106 of which act of parliament exactly?

(I'm tempted to go with the Town and Country Planning Act, but I think I'll ask the audience, Chris)

Orford

Correct

Planning obligations (also known as section 106 agreements of the Town and Country Planning Act 1990) are private agreements made between local authorities and developers or undertakings offered unilaterally by a developer and can be attached to a planning permission to make acceptable development which would otherwise be unacceptable in planning terms.

gentlecleanser

Thank you for all your information.

I don't want to move out of the flat i just wanted to be able to park my car outside as everywhere around hackney is permit only mon-fri and this now means i can't park anywhere. Seems very unfair.

As i say i don't want to move out but could i not get the property mangers (as i said, the company that built the flats, so no private landlord!) to cough up the £520 i now need to park my car outside? I need a lawyers advice on this one i think!

Coblcris

At the risk of stating the obvious.

A property lawyer, take your deeds and copies of any other signed agreements. Everything you have in fact.