Can I force Council to act on breach of s106 Agreement?

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    Can I force Council to act on breach of s106 Agreement?

    There is a big business that in breach of its S106 agreenment. Many of the residents are complaining to the Council. But the Council has a "cosy" relationship with this big business and won't do anything. We have discovered that this breach has been going on for 8 years.

    Residents have done the usual thing contact MPs, local Mayor, Councillors, newspaper and Council etc... but all of them siding with big business.

    Now this big business has applied for another Planning Application to expand it operations and the Council is recommending to grant them permission.

    Even the local paper is being 'muted' as this big business has taken adverts in their paper. So why would they write a bad review about an advertiser?

    I feel that there 'democracy' has been broken in the local area.

    What can the 'little guy' to challenge the Council and big business?

    #2
    Unless the Council is virtually a one-party one, the opposition councillors will usually want a stick to beat the majority with. So try contacting them.

    We had an issue locally. We objected to a planning application and sought support from local councillors from Party A who are in the majority on the Council. To be fair them they did take our point and we believe they are on our side. However it didn't do any harm for them to discover that the local MP from Party B also supported our campaign! The majority wouldn't have wanted Party B making political capital out of it!
    RICHARD WEBSTER

    As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

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      #3
      Originally posted by rajeshk4u View Post
      There is a big business that in breach of its S106 agreenment. Many of the residents are complaining to the Council. But the Council has a "cosy" relationship with this big business and won't do anything. We have discovered that this breach has been going on for 8 years.
      Problem: time limits. If Co. has been in breach of Planning Obligations for > 6yrs., it may too late to try enforcement (Limitation Act 1980 gives six-year limit for contractual enforcement) and, anyway, only the Council could usually enforce- local residents are not party to the Agreement.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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