Residential Parking Permit

May 15th, 2017 by James Goudie KC

A requirement in a planning permission that a property developer enter into an obligation that future occupiers of a building would not apply for a residential parking permit is not capable of being a planning obligation under Section 106 of TCPA 1990. Use of the highway for parking was not use of land in which the person making the agreement was interested.  (However, it was legally valid under a Greater London Council (General Powers) Act.)  So held in R (Khodari) v Kensington & Chelsea RLBC (2017) EWCA Civ 333.

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