s106 Parking Restrictions on a New Build

ParkingQueries

I bought a Shared Ownership new build flat 4 years ago. At the time we were told it was a "green development", which meant we weren't allowed to own a car - I believe this is called a s106 agreement. The Housing Association is pretty badly organised, we felt like we've been told a few porkies over the years, and we were interested in owning a car, so about a year ago we decided to test whether we were actually allowed a car or not.

First of all we phoned the council to ask about parking permits - they told us there were no restrictions on our property. Then we emailed them, and asked them for confirmation in writing regarding the lack of restrictions, which they went ahead with. So based on that information, we purchased a car, and applied for a parking permit, which the council went ahead and issued.

Recently I was going through some paperwork and uncovered the lease for my flat (which really I should've looked at in the first place, but it was hidden away somewhere). Within my lease, there's a specific clause saying that we're not allowed to approach the council for a parking permit.

My question is, who enforces this? As mentioned previously, the Housing Association is badly organised, and realistically is unlikely to know, or care as to whether I own a car. And the council apparently don't have a reason for us not owning a car. Is this a case of somebody not doing all of the paperwork somewhere along the line? Is this likely to come back and bite me in the backside at some point in the future when the council get their act together?

Cash-Cows

It's unlikely the council will monitor whether you own a car, they won't have the resources to do that. It's a lot more likely that your neighbours will shop you to planning enforcement.

moneyistooshorttomention

Your question = "I know I agreed to this clause. Can I get away with breaking it?"

My answer = Probably not - I also think the neighbours will probably shop you.

lewishardwick

Surely the freeholders can only prevent you from keeping a car on their property? What happens on council managed roads is none of their business?

moneyistooshorttomention

lewishardwick wrote: »

Surely the freeholders can only prevent you from keeping a car on their property? What happens on council managed roads is none of their business?

I'm wondering if they might have got some sort of funding or something from the Council in return for this arrangement.

Benefit to Council being = fewer cars on the road clogging up the area.

elverson

If your property is in a Controlled Parking Zone then certain addresses can be 'banned' from having on-street parking permits. Residents would therefore have to park outside the CPZ or on private land. For example, some developments in London are granted planning permission with a 'zero parking' condition.

ParkingQueries

Firstly, we were told a lot of things by our Housing Association that turned out not to be true, so kind of thought this might have been one of them.

Secondly, I don't really understand why the council don't have our addressed flagged up within their parking system? Surely that's a really simple thing for them to do, and then enforce.

The weird thing is, there's a ton of available on street parking around us. I could see neighbours complaining if we were causing a nuisance, taking up parking spaces, but I don't think that's the case.

Oh well, let's see how this pans out. I read somewhere that if it's not enforced within 4 years then the restriction becomes void - anyone know if that's true?

Hoploz

If it's in your lease it's in your lease. That's not a Planning issue.

The lease is enforced by the Freeholders, so it's up to them whether you are breaching the terms or not.

If the council decide that the Freeholder (Housing Association) is not sticking to his Planning restriction/condition, that is who is at fault, not you.

The council don't seem to have a problem.

You are technically in breach of your lease terms, and this isn't likely to be able to be removed. But it's the housing association who would need you to comply. The worst I can see happening is someone shops you and they write asking you to cease owning the car. How the hell would they prove you own a car?!? They would not have access to DVLA records. At this stage you'd either sell the car, or get round it by keeping the car out of the way.

trevormax

This restriction sounds a bit unreasonable. Owning a car and parking a car in the area are two different things. You could be the registered owner of a car that a family member living 100 miles away is the registered keeper and main user of.

Or flip that around. Maybe a family member is the registered owner of the car and you are the registered keeper. You don't own the car and therefor you are not breaching the lease if it says "you are not allowed to own a car". Ultimately, the HA have no right to access DVLA records so you could tell them that you don't own the car.

The wording of the lease is important so double check exactly what it says. If it only says you are not allowed to approach the council for a parking permit, well that is between you and the council. The HA have no right to stipulate who you can and can not contact and as far as I can tell, the HA have no right to contact the council to ask them what contact you have had with them as the Data Protection Act would prohibit the council from sharing that information.

unforeseen

elverson wrote: »

If your property is in a Controlled Parking Zone then certain addresses can be 'banned' from having on-street parking permits. Residents would therefore have to park outside the CPZ or on private land. For example, some developments in London are granted planning permission with a 'zero parking' condition.

As the council have issued a parking permit then this would not be the case

unforeseen

Hoploz wrote: »

If it's in your lease it's in your lease. That's not a Planning issue.

The lease is enforced by the Freeholders, so it's up to them whether you are breaching the terms or not.

If the council decide that the Freeholder (Housing Association) is not sticking to his Planning restriction/condition, that is who is at fault, not you.

The council don't seem to have a problem.

You are technically in breach of your lease terms, and this isn't likely to be able to be removed. But it's the housing association who would need you to comply. The worst I can see happening is someone shops you and they write asking you to cease owning the car. How the hell would they prove you own a car?!? They would not have access to DVLA records. At this stage you'd either sell the car, or get round it by keeping the car out of the way.

The freeholder can not enforce anything on land including public highways, that they do not own or have control of regardless of any wording in the lease.