Courts back council on parking permit restrictions

29 Jun 2017

The Court of Appeal has backed a council in a dispute about restrictions the local authority had imposed on parking permits for new residents.

This is the case of R (on the application of Khodari) & Royal Borough of Kensington & Chelsea & Anr 2017 EWCA Civ 333.

The appeal related to a judicial review where there was a section 106 agreement which required a proposed residential development to be ‘parking permit free’, and sought a fee for the council’s costs of monitoring parking.

The High Court had previously held that the requirements not to permit any owner or occupier to apply for a parking permit and to include a covenant to this effect in the subsequent leases, did not meet the requirements of section 106 of the Town & Country Planning Act 1990. So the section 106 agreement was invalid – including the monitoring fee.

The Court of Appeal agreed that the parking permit obligations were not a section 106 obligation but noted that the agreement was made under the council’s other statutory powers. Section 16 of the Greater London Council (General Powers) Act 1974 was used and the court found that this could be relied on by the council to enforce the parking permit restrictions. 

The ancillary monitoring fee, as a one-off payment and which was already paid, was not enforceable against successors in title and became a simple contractual obligation between the owner and the council under the other statutory powers listed.

This demonstrates that there are inventive ways for local planning authorities (LPA) to seek seemingly incompatible obligations. For LPAs outside of London, the court pointed out that the proposed residences could simply be excluded from the traffic regulation order relating to the controlled parking zone.

DMH Stallard has a dedicated planning and environment group. For advice or further information, please contact me via the details below.

Further reading

Use of statutory demand to make company insolvent suspended until June

Blog, Legal Updates
08/04/2021
Cheraine Williams looks at more temporary Covid-driven measures that will protect businesses and tenants from possible legal action
Read more Read

New guidance issued for valuation of flats and investigating fire safety

Blog, Legal Updates
07/04/2021
Cheraine Williams looks a the current situation facing leaseholders looking to sell or re-finance their property; will new guidance provide clarity?
Read more Read

Government sets new energy targets for domestic and commercial buildings

Blog, Legal Updates
06/04/2021
UK law requires net zero greenhouse gas emissions by 2050; new rules and standards for heating and powering buildings will have a significant impact
Read more Read

Covid regs prevent landlords taking action to recover rent for more than 500 days

Blog, Legal Updates
01/04/2021
Just seven days’ rent arrears used to be enough for commercial landlords to take action; the latest adjustment pushes that out to 554 days
Read more Read
  • Brighton Office

    1 Jubilee Street

    Brighton

    East Sussex

    BN1 1GE

  • Gatwick Office

    Griffin House

    135 High Street

    Crawley

    West Sussex

    RH10 1DQ

  • Guildford Office

    Wonersh House

    The Guildway

    Old Portsmouth Road

    Guildford

    Surrey

    GU3 1LR

  • Horsham Office

    Ridgeland House

    15 Carfax

    Horsham

    West Sussex

    RH12 1DY

  • London Office

    6 New Street Square

    New Fetter Lane

    London

    EC4A 3BF

  • Get in touch