Parking Restrictions for Planning Purposes

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    Parking Restrictions for Planning Purposes

    In order to persuade the planners that I wont need car parking spaces for the flats i'm applying for - is there a legal deed i could sign to prove this?

    This will put the parking issue they have to one side and improve my chances of a successful planning application

    Please advise, thanks!

    #2
    It can form part of a section 106 agreement that the development be 'car-free'.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.

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      #3
      How do 106 agreements work?

      Should i propose it to them?

      Thanks!

      Comment


        #4
        Originally posted by medlock View Post
        In order to persuade the planners that I wont need car parking spaces for the flats i'm applying for - is there a legal deed i could sign to prove this?
        I don't see how this could work. By implication surely you'd need to have tenants sign in blood that they don't own a car and won't do so as long as they live in your property, and that they guarantee never to have visitors who arrive by car, etc etc...

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          #5
          I carried out a redevelopment of a site comprising a clapped out and almost wholly unoccupied parade of shops in a town centre location. Previously this was ground and basement shops and one floor of resi above.

          There was no parking provision on site, although the site was on numerous bus routes.

          The local authority were crying out for small well insulated easy to run town centre flats such as this for rental to those in social housing need, but needless to say, the planning department exploited the moment by requiring a s106 agreement to be entered into with a contribution to be paid to the Council (theoretically for local amenities for no small sum, £3,000 per bedroom); plus a provision that every lease licence and transfer of the flats built on the new third storey would carry an exclusion such that any occupier would not be entitled to apply for a residents' car parking permit, if ever a scheme were implemented in the locality!

          The s106 agreement was framed in such a way that the terms were recorded against the title at HM Land Registry. And on top of all that I had the pleasure of paying the Local Authority's solicitor for his time and trouble in drawing up this bollocks to which we were obliged to agree in order to implement the consent. So that gives you an overview of the life and times of a s106 agreement. It's legalised blackmail. Years ago, it is said, planners weren't averse to the occasional brown envelope. Now the local authority have made it official. Is it any wonder that we have the lowest level of housing starts for (an astonishing) 90 years.

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            #6
            Originally Posted by medlock
            In order to persuade the planners that I wont need car parking spaces for the flats i'm applying for - is there a legal deed i could sign to prove this?
            I don't see how this could work. By implication surely you'd need to have tenants sign in blood that they don't own a car and won't do so as long as they live in your property, and that they guarantee never to have visitors who arrive by car, etc etc...
            I agree with Ericthelobster but the annoying thing is that Councils now will insist on maximum parking provision - presumably on the basis that finding that there are no or few parking spaces:
            a) the residents will immediately sell their cars and not park in nearby streets; and
            b) visitors will drive up to the development, realise there is nowhere to park, wouldn't consider parking nearby, and drive home, park their car there and take the bus back to visit the occupiers of units in the development!

            When called in to deal with a leak or an electrical problem a tradesman is particularly likely to do this and buses will be equipped with more luggage space to provide for their tools etc! (Not)

            One development near me had a s106 agreement requiring the developer to provide a bus season ticket for each occupier for the first year!
            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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