s106 parking management clause

sal_III

Hi everyone, long time lurker, first time poster, only goes to show how extensive are all the topics already covered, so you can find almost anything without the need to post.

I'm about to pull the trigger on a purchase of a Flat in a large multi-phased development. The only major downside is the lack of parking spot allocated for the flat. There are a lot of parking spaces that require a parking permit from the parking management company that was hired by the property management company to take care of

I'm most likely going forward with the purchase regardless but I noticed something in the pile of documents I received yesterday from my Solicitors.

There is a s106 Deed of obligation between the developer (for all 3 phases) and the council mostly covering the usual funding of public services like schools, etc. and affordable housing, but buried deep is a parking management plan and one of the points of this plan states:

3. The purchasers of the private residential units will be allocated a "right to park" in one of the parking spaces on a first come first serve basis when they purchase a residential unit. The parking space will not be allocated on a permanent basis and the landlord will have the right to reallocate the parking space is required. No sub letting of parking space will be permitted.

Now this goes against what the marketing drones have been saying to me - that the parking spaces are not available to my phase and the only way to get one would be to ask neighbours that already have them, but not using them to sub let them.

So all that being said I can go to the developer and strong arm him for a parking permit based on the s106 planning obligation they have with the council?

Tom99

Try it and see, say you will pull out if they don't comply.

mije1983

sal_III wrote: »

So all that being said I can go to the developer and strong arm him for a parking permit based on the s106 planning obligation they have with the council?

Are there any spaces free? The point about first come, first served suggests fewer spaces than properties. If there aren't, then how can you 'strong arm' them? They can't make a space out of thin air.

Unless you have failed to quote the rest of the clause and it states that each property is entitled to 'x' amount of spaces? It doesn't say under what conditions the landlord will/can reallocate the space either. It may be just at the time the property changes hands. Or it could be whenever it's raining!

sal_III

There are dozens of unoccupied parking spaces in the private parts of the development on a daily basis, while the street that is public and free from parking restrictions is usually fully packed.

I'm not aiming for guaranteed parking spot, just a permit to park on the private parts that are restricted to permit holders on a first come first serve basis. Which will be a much better compared to solely relying on the already busy public street parking which is the only alternative.

There are not nearly enough parking spots for every Flat it's probably around 1:3 ratio, so I can understand the Developer reluctance to advertise the point in the s106 deed that demands they issue parking permit for each purchaser and only do so for the people that explicitly ask for it.

Or I might just be grasping at straws.

ProDave

Not enough private parking and I would look for a different property.

daveyjp

Look at the parking ticket board for the problems you could have dealing with a private parking invoice generating company.

I'd avoid.

sal_III

ProDave wrote: »

Not enough private parking and I would look for a different property.

daveyjp wrote: »

Look at the parking ticket board for the problems you could have dealing with a private parking invoice generating company.

I'd avoid.

I have carefully weighted all pros and cons and i'm going to buy the property so that wasn't really the question. Nor am I going to "chance" it with the private parking management company by parking on their spots without the correct permit. I'm well aware of the consequences.

My point is, can I improve my quality of life, by chasing the Landlord to provide something that was agreed between him and the council in the section 106 planning obligation deed.

I'm 100% going to raise it, the question is how much of a leg i have to stand on.

TamsinC

try it and see (not much help I know but . . .)

eddddy

sal_III wrote: »

I'm 100% going to raise it, the question is how much of a leg i have to stand on.

You don't really have any 'leg to stand on'.

You can (politely) enquire about the s106 agreement - but if the developer says that no parking permit is included with your flat, that's the end of the discussion really.

If you think they are breaching the s106 agreement, you can report them to the planning department - but if the developer knows it was you that reported them, they might be a bit upset with you.

But if your assessment about the s106 is correct, and the council threatens enforcement action, the developer might start including a parking permit with each flat.

mije1983

eddddy wrote: »

but if the developer knows it was you that reported them, they might be a bit upset with you.

And depending on how well the development is doing, may decide not to sell to the OP.

EachPenny

sal_III wrote: »

There is a s106 Deed of obligation between the developer (for all 3 phases) and the council mostly covering the usual funding of public services like schools, etc. and affordable housing, but buried deep is a parking management plan and one of the points of this plan states:

Now this goes against what the marketing drones have been saying to me - that the parking spaces are not available to my phase and the only way to get one would be to ask neighbours that already have them, but not using them to sub let them.

So all that being said I can go to the developer and strong arm him for a parking permit based on the s106 planning obligation they have with the council?

There's not sufficient information in your post for a definitive answer, but my thoughts based on what you've said is you have very little hope of strong arming anybody.

That is based on the assumption the developer has already fully allocated the permits and none remain to be allocated to future purchasers.

My interpretation of the S106 is that a permit can be allocated to a specific dwelling on purchase, but that permit only stays with the dwelling until it is sold (and perhaps in other circumstances you've not yet discovered). That means when you come to sell, the people purchasing have no guarantee to be able to park, and the chances are any permit you do obtain would be reallocated to a different dwelling (assuming there is a waiting list).

I believe the intention of the S106 is that the allocation of a right would entitle the holder to park in a specific space, therefore it isn't surprising to see many bays empty as people may not be at home, or may not own a car and only be using the space for visitor parking.

An alternative interpretation of the clause (the one it sounds like you are taking) is each residential unit has the right to park one vehicle on a first come first served basis (i.e. at the point the act of parking takes place, once the car park is full it is tough luck), but the inclusion of words like "in one of the parking spaces" and "reallocate the parking space" imply this is not the case:- the intention is to stop a parking free for all and instead have a managed car park.

If the developer has no more permits to allocate then there is not much you can do. You don't state what percentage of the development has been completed (and/or number of units sold) but if there is only one space per three units it will not need much of the development to be completed before all the permits have been allocated. The developer might reasonable choose to allocate permits proportionately between the three phases of the development - so it might also be the case that some permits are 'reserved' for the final phase(s) of the development.

Before purchasing one of the things I would check are the conditions (if any) under which the landlord could 'cancel' an existing permit. It sounds like the right to park in the development is tenuous at best.

Also bear in mind that even if the public roads around the development are not already restricted, they might soon be to prevent residents from your development filling them up. I would be amazed if there isn't something within the S106 which covers the issue of on-street parking. (i.e. making it non-available to residents of the development)