Summary: Mr X complained the Council removed his parking permit despite previously advising he could have a parking permit. We found fault with the Council for granting the parking permit. The Council corrected this fault by cancelling the parking permit. The Council allowed Mr X to keep the parking permit through to its expiry date. This was suitable action to address the injustice caused by the Council’s fault.

The complaint

1. Mr X complained the Council removed his parking permit despite previously advising he could have a parking permit.
2. Mr X says he bought his property and a car because of the Council’s reassurances he could have a parking permit.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I have considered all the information Mr X provided. I have also asked the Council questions and requested information, and in turn have considered the Council’s response.
6. Mr X and the Council had opportunity to comment on my draft decision before I made my final decision.

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What I found

Council parking permit scheme

7. The Council operates a residential parking permit scheme for residents to park their own vehicle in permit bays in the relevant controlled parking zone for their property.
8. A resident living within the parking zone area who has a registered vehicle to the same address may apply for a parking permit.
9. The Council will grant parking permits for six- or twelve-month periods from the date of application. A person must renew their parking permit when it is due to expire.
10. The Council’s parking permit policy for residential parking states the Council will cancel a permit if there is insufficient proof a person is eligible for the parking permit.
11. The Council’s parking permit policy notes that planning conditions for some new build or change of use housing do not allow residents to apply for parking permits. The Council says it will check new applications with the relevant parties and databases before granting an application.

Planning regulations

12. The Town and Country Planning Act 1990 gives a local authority powers to impose a Section 106 agreement on prospective developments. A Section 106 agreement allows a local authority to restrict the development or use of land in a specified way. Such agreements can be conditional or unconditional and can be for limited time periods or indefinite depending on the nature of the agreement.

What happened

13. In 2011, the Council granted planning permission for a block of flats, of which Mr X would buy one in the future. The Council granted this planning permission subject to a Section 106 agreement. This Section 106 agreement stated:
• Occupants of the development would not be entitled to purchase or procure a parking permit within the local area.
• A flat should not be used and/or occupied by anyone who currently holds a parking permit unless they have are entitled to a disabled person’s badge.
• The developer would include this restriction in any lease option, licence or other disposal of a flat to any person.
14. In mid-2023, Mr X contacted the Council to enquire about getting a parking permit for a flat he intended to buy. The Council told Mr X he would be entitled to a parking permit and to make an application.
15. Mr X made an application to the Council for a parking permit on 4 June 2023. The Council granted a parking permit for his prospective property on 1 August 2023 for 12 months from the application date. Mr X completed the purchase of the property later in 2023.
16. In January 2024, the Council identified residents of the block of flats Mr X lived in were not entitled to a parking permit. The Council contacted Mr X on 24 January 2024 to advise his property was ineligible for a parking permit and confirmed this by email on 25 January 2024. The Council confirmed Mr X’s parking permit would remain valid for use until it expires on 3 June 2024.
17. On 25 January 2024, Mr X contacted the Council to complain about its decision to make his property ineligible for a parking permit. Mr X said he purchased this property following the Council’s assurances he would be entitled to a parking permit.
18. On 16 February 2024, the Council provided a response to Mr X’s complaint at Stage 1 of its process. The Council said:
• When it granting planning permission for development of the flats it agreed a restriction the properties within the development would not be eligible for parking permits.
• The seller or estate agent had a legal responsibility to tell any potential buyer about this restriction.
• If no one communicated this restriction to Mr X then this would be a private matter to take up with the vendors.
• It issued the previous parking permit in error and when this error came to its attention it has a duty to correct this error by removing permits issued in error.
• It incorrectly granting a permit previously does not grant an ongoing entitlement.
• It has allowed Mr X to keep the permit until its expiration, rather than cancelling this within 12 weeks, but Mr X would not be entitled to renew the permit.
19. Mr X sought consideration of his complaint at Stage 2 of the Council’s complaints process on 21 February 2024.
20. On 20 March 2024, the Council provided a response to Mr X at Stage 2 of its complaints process. The Council:
• Provided further details about the legal agreement in the development preventing occupants from having parking permits.
• Acknowledged its fault by granting Mr X a parking permit previously but said the Council must act to prevent future permits being granted to those not entitled to them.
• Reiterated that Mr X should have been informed about this legal agreement when he purchased the property.
• Advised Mr X could make an application to discharge the planning application restriction and advised him how to do so.

Analysis

21. Mr X’s property is part of a block of flats subject to a Section 106 agreement as part of granting approval for the planning application. This Section 106 agreement prevented any future residents of the block of flats from getting a residents parking permit.
22. The Council gave Mr X incorrect information in 2023 that he could get a parking permit and acted incorrectly in granting his parking permit on 1 August 2023. This was fault.
23. The Council has corrected its fault by cancelling Mr X’s parking permit when it became aware of its error in January 2024. The Ombudsman cannot find the Council at fault for it correcting an error it has made.
24. When the Council grants a parking permit it does so for six- or twelve-month periods. The Council’s policy states it will cancel a parking permit if it considers the person is ineligible for a parking permit. When the Council discovered the Section 106 agreement, it became apparent Mr X was ineligible for a parking permit. The Council did not cancel the parking permit immediately and instead allowed Mr X to keep his parking permit for the full twelve months. The Council has acted suitably by allowing Mr X to keep the parking permit for its full duration to address its initial error through misinformation and granting the permit.
25. A person must apply for renewal each time the permit expires. Mr X had no guarantee the Council would renew his parking permit following expiry of the twelve-month period.
26. Neither the Council’s parking team nor the Ombudsman can override a Section 106 agreement. The Council’s parking team cannot extend Mr X’s parking permit beyond its expiration, knowing that Mr X is ineligible. The Ombudsman also cannot recommend the Council acts in a manner that would go against the Section 106 agreement.
27. Since the Council allowed Mr X to keep his parking permit for its full duration, the Council’s fault has not caused a direct injustice to Mr X. The Council allowed Mr X to keep the parking permit for the full duration he paid for and gave him suitable notice before its expiry that he could not renew the permit.
28. The person who sold Mr X his flat had a duty to include the parking permit restriction within the details of the sale of property. Should the vendor have failed to disclose this information to Mr X as part of the sale, this has caused the injustice to Mr X. Any dispute about the inclusion of this information in the sale of the property is a private legal matter between Mr X and the vendor. This dispute would not involve the Council.

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Final decision

29. There was fault leading to injustice. I have completed my investigation as the Council has already carried out a suitable remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman