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Court considers statutory powers for parking permit arrangements (Khodari v RBKC)

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Published on: 16 May 2017

Published by a LexisNexis Planning expert

Table of contents

Original news
What is the significance of the decision for authorities and developers?
What is the factual background to the case?
What is the legislation background to the case?
Why did the court allow RBKC's appeal?
No error of law in considering heritage status
Permit requirements not capable of being planning obligations
Permit requirements made 'in connection with the land' fell within GLC(GP)A 1974, s 16

Article summary

Planning analysis: In Khodari v RBKC, the Court of Appeal considered the powers under which parking permit restrictions could be applied in the context of the grant of planning permission. It concluded that although section 106 of the Town and Country Planning Act 1990 (TCPA 1990) could not be used for these purposes, permit requirements made 'in connection with the land' fell within section 16 of the Greater London Council (General Powers) Act 1974 (GLC(GP)A 1974).

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