Complicated leases and mortgages

[Michael Browne]

I assume that all you're really concerned about that you wouldn't be able to get a resident permit.

 

The lawful development certificate merely regularises the change to a single property. I would think that the S106 thus becomes null and void.

 

The simplest way would be to phone the planning dept and ask them to confirm (preferably in writing or email) that the S106 no longer applies and a resident of the house would be eligible for a permit

[Michael Browne]

 

 

Hence I wonder if this lawful development certificate was not wrongly granted because of this planning condition and a planning application with a new Section 106 would have been necessary

 

There is not only the issue of whether or not I will be entitled to parking permit but also the risk that one day I will end paying several Council tax bills because this property is still a block of flats

 

Rather than try to double guess what the situation might or might not be, phone the council and find out one way or the other

[Michael Browne]

The planning department told me concerning the planning condition that they cannot tell me more than there is already in the website

Sounds to me as if you're just being fobbed off. I'd go and see a planning officer and ask why the s106 still applies now that the property has reverted to a single property ie if the reason for the S106, which you say only applied to the ground floor, now no longer exists, then the s106 should lapse. Far more difficult for them to fob you off face to face.

 

The department dealing with parking permits told me that this section 106 is still valid because it has never been discharged or replaced by another superseding it

This I can understand. Parking Services will have it logged that permits can't be issued for that property and they won't change their stance until notified by planning that the S106 no longer applies.