106 Land Transfer - Public forum - Planning Advisory Service (PAS)
Grŵp agored
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Wedi dechrau - Gorffenaf 2012
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Gweithgaredd diwethaf - May
106 Land Transfer
The owner of a property built next to mine has not complied with a Section 106 land transfer. He refuses to allow access to a surveyor to draw up Land Registry compliant plans which I need to complete the transfer. How can I force him to comply with the 106? The planning department seem toothless in their efforts to get him to comply, despite the fact that he has occupied the propery for nine months in contravention of his planning application.
Thanks for the encouragement but I'm getting nowhere with Planning. Are there any legal avenues I can go down?
The only way a S106 agreement can be enforced is by an injunction either a mandatory injunction (where the offender is ordered to do something) or a prohibitory injunction (where the offender is ordered to stop doing something). Naturally the cost of this is generally quite high so local authorities prefer not to seek one of these unless there is a really serious breach. It may be an idea to approach your local councillors asking them to put forward your case. If a S106 agreement is not being complied with that is a breach of administrative law, and really, if there is a breach of this nature it should be dealt with or effectively the law is being ignored giving the nod to others to ignoring the law.. Should your approach to Councillors fail, then local authorities have a grievance procedure that can be followe, aod of course your final resort would be the Local Government Ombudsman. Having said the above on the whole, litigation is really a last resort and a direct approach to your neighbour may be preferable; indeed now the courts tend to penalise people who do not seek to resolve matters between themselves initially, so possibly if it is neighbour trouble, some form of mediation might be the preferred = way forward
Footnote to previous postings: Planning have washed their hands of non-compliance of my errant neighbour. They claim that he has demonstrated that I do not want the 106 land and as such it is no longer any concern of theirs. They have done this without informing me and despite the fact that I have spent three years in communication with them trying to get the land transferred to my ownership as per the 106. They have suggested that I may wish to pursue a civil action against him but have offered no support. Any suggestions would be gratefully received. I feel a though I have been well and truly stitched up!