Son puts a Section 106 on land we rent to him

Lola4444

My son has put a planning application in for his own land, and incorporated land that belongs to my husband and I as part of the application.  He has offered to sign a section 106 agreement with the council, so that we can never use our fields, but have to plant trees on them.

HampshireH

What's the question?

elsien

I’m going to take a wild guess that he’s done this without your permission and you want to know what you can do about it?

Okell

Lola4444 said:

My son has put a planning application in for his own land, and incorporated land that belongs to my husband and I as part of the application.  He has offered to sign a section 106 agreement with the council, so that we can never use our fields, but have to plant trees on them.

I'm inclined to suggest you'd be better off posting here:  House buying, renting & selling — MoneySavingExpert Forum

Report your own post (the red flag in the bottom left) and ask the forum team to move it.


You could also try posting here:  Housing, Property and Neighbours - LegalBeagles Forum

Grumpy_chap

Lola4444 said:

My son has put a planning application in for his own land, and incorporated land that belongs to my husband and I as part of the application.  He has offered to sign a section 106 agreement with the council, so that we can never use our fields, but have to plant trees on them.

What is the basis of the land rental to your son?  Is it like a licence which you can rescind at any time?

Irrespective of whether you can end the rental to your son, lodge an objection with the planning authority and make it clear that the S106 cannot impose restrictions on land the applicant (your son) has no interest in.

Bookworm225

you contact the council and inform them that your son is not acting as your agent in respect of land that you own and has not been included in the planning application with your consent.

the above assumes that you do object as your post is a statement rather than a question 

Loza2016

Getting planning permission and having legal rights are two different things. I can can put a planning application in to build an extension on my neighbours house but if it was passed wouldn’t give me the legal right to do it. 

Section62

Lola4444 said:

My son has put a planning application in for his own land, and incorporated land that belongs to my husband and I as part of the application.  He has offered to sign a section 106 agreement with the council, so that we can never use our fields, but have to plant trees on them.

Before contacting the council - has your son submitted an "Ownership Certificate and Agricultural Land Declaration" as part of his planning application?  Did he give you the required notice of his application in relation to your land, and is the certificate and/or declaration truthful?

If you don't know you can look on the council's planning website and the application documents should include a copy.

Submitting a false or misleading certificate is an offence (max fine £5000) - I guess at this stage you only want to stop him affecting your land, rather than risk getting him convicted of an offence?

If the certificate/declaraton he submitted is false or misleading then the planning authority cannot determine the application (i.e. they shouldn't give him planning consent).  He must give you notice of his intention to submit an application which affects land you own, but that doesn't mean he cannot make an application which incorporates part of your land.  If a S106 agreement is required for the council to grant consent, then normally the council will only agree if the owner of the affected land is a party to the agreement.  The alternative might be making the consent conditional on the S106 agreement being completed.

Is it safe to assume your relationship with your son is not good?  Are you on speaking terms?

elsien

I do sometimes wonder why we bother when it's unclear whether the OP has even come back to read the answers. 

MeteredOut

Last active 25th April, so may well have read the responses but not bothered enough to take up the offers to help.