A question about planning permission, parking and tenancy

bris

browneyedbazzi wrote: »

If the council wants a restricted parking zone then they should put one in place - they shouldn't be trying to achieve the same end through the back door.

But they have put one in place, its called a restrictive covenant, what part of this thread dont you understand?

Why do you think he is having problems in the first place.

molerat

This topic may be better off in the housing forum.

What type of tenancy agreement do you have and is it a fixed term. A tenancy agreement can not be unilaterally changed mid term. If the fixed term has ended the LL can issue a S21 for any reason. If the agreement does not mention anything about not owning a car and parking within x of the development it would be difficult for your LL to evict you mid term as a S8 (for breaching a tenancy condition) would undoubtedly fail.

Most S106 agreements are within a CPZ for obvious reasons and I think the council would lose a legal challenge to their view on what you can and can not do outside of the area covered by theS106. I believe not allowing you to own a car and park in an uncontrolled parking area on the public highway would infringe your rights. Many S106 agreements specifically allow you to arrange private parking (within the CPZ) so do not try to prohibit car ownership.

What you need is proper legal advice, does your uni have a legal dept or maybe Shelter could offer some advice.

browneyedbazzi

bris wrote: »

But they have put one in place, its called a restrictive covenant, what part of this thread dont you understand?

Why do you think he is having problems in the first place.

I'm sorry but it is you that doesn't understand. A restricted parking zone/controlled parking zone is not what the council has done here - they do have powers to create such zones and there is a procedure for putting them in place that they need to follow if they want to create and enforce such a zone (CPZs involve marking the road and putting up appropriate signs then issuing permits to those who are allowed to park - there are requirements to carry out a proper consultation before bringing one in and a legal process to be followed so that they are enforceable).

Covenants on land like the one in OP's case are completely different things.

rav007

molerat wrote: »

This topic may be better off in the housing forum.

What type of tenancy agreement do you have and is it a fixed term. A tenancy agreement can not be unilaterally changed mid term. If the fixed term has ended the LL can issue a S21 for any reason. If the agreement does not mention anything about not owning a car and parking within x of the development it would be difficult for your LL to evict you mid term as a S8 (for breaching a tenancy condition) would undoubtedly fail.

Most S106 agreements are within a CPZ for obvious reasons and I think the council would lose a legal challenge to their view on what you can and can not do outside of the area covered by theS106. I believe not allowing you to own a car and park in an uncontrolled parking area on the public highway would infringe your rights. Many S106 agreements specifically allow you to arrange private parking (within the CPZ) so do not try to prohibit car ownership.

What you need is proper legal advice, does your uni have a legal dept or maybe Shelter could offer some advice.

I have just been in contact with the students union president and he has directed me to someone who looks like she knows what shes doing. The problem still exists as far as I am aware, still no update from the meeting with the council. All the research I did on this topic has pointed to the same facts you mentioned too. How can I have this moved to the housing forum? I think it will get the right attention there, perhaps a different eye for detail too.

Parolles

Hello there

Apologies if you have already done this:

Under the Freedom of Information Act you can try requesting the text of the Section 106 agreement that applies to the property in question.

Your request needs to be in writing but an email is acceptable and you don't even have to use your own name. They are supposed to reply within 21 days. Your email could go something like:

"I am writing under the Freedom of Information Act to request a copy of any agreements made under Section 106 of the Town and Country Planning Act of 1990 in respect of the property at [insert your property details here]".

Your council should have a postal and email address for these requests on their website.

Hope this helps.



Parolles