Section 106 planning obligations

Guidance on planning obligations.

Car-free developments and restrictions on parking permits

A car-free (or permit-free) development is one where:

  • no on-site parking is provided
  • residents or businesses are not eligible to apply for on-street parking permits (residential or business)

This restriction applies to properties within existing Controlled Parking Zones (CPZ), or areas where a CPZ may be introduced in the future. 

The restriction is permanent and applies for the lifetime of the development.

Occupiers of the property who hold a disabled person’s parking badge are exempt from this restriction. All other occupiers of the property may be eligible for other types of parking permits, such as visitor parking vouchers

These restrictions are secured through a legal agreement - either a unilateral undertaking or a section 106 (s106) agreement.

Check if your property is in a car-free development

You can check if your property is in a car-free development on our Planning Applications Database.

  1. Visit our Planning Applications Database and enter your property address.
  2. Search for relevant planning permissions associated with your property.
  3. For each relevant planning permission, check the documents tab where copies of s106 agreements can be found.

Planning permissions and s106 agreements are also registered as local land charges. You can find them by carrying out a local land charges search on the HM Land Registry website.

Why we have restrictions on parking permits

Restrictions on on-street parking permits are used to:

  • reduce the impact of new developments on local traffic and parking
  • encourage the use of sustainable transport options

These restrictions are supported by policies D4, T1 and T6 in the Lambeth Local Plan 2020-2035 (PDF 16.4MB).

Often the reasons for securing a specific development as permit free are set out in the delegated report. This can be found under the document tab on our Planning Applications Database.

Can a restriction be removed or changed

In most cases, it is not possible to remove or modify s106 obligations that restrict eligibility for on-street parking permits. The restriction is permanent and applies for the lifetime of the development.

If you believe you have exceptional personal circumstances that justify a change, you may:

  1. Contact us for advice through our Pre-Application Planning Advice Service.
  2. Make an application to modify or vary a s106 agreement.

If you think the restriction has been applied in error to your property, please email the CIL/s106 team at s106@lambeth.gov.uk.

Unaware of the restriction when you purchased or rented the property

Unfortunately, the council cannot remove or amend the restriction simply because it was not highlighted during the sales or lettings process.

S106 parking restrictions apply to the property itself, not the individual, so they automatically bind all future owners and occupiers. This means the restriction still applies even if it wasn’t explained to you during the sale or letting process.

If you feel the information was not properly disclosed to you, you may wish to raise this with either:

  • your solicitor or conveyancer, if you bought the property
  • your landlord or letting agent, if you are renting

Parking permit declined when you held one previously

In a number of cases, parking permits were mistakenly issued to properties with car-free restrictions. 

If your permit is now due for renewal and your property is subject to such a restriction, your application may be declined.

If this applies to you and you believe there has been an error, please contact the parking team via our enquiries form

How we enforce parking restrictions through s106 

Following the Khodari case, car‑free agreements are secured using both s106 of the TCPA 1990 and section 16 of the Greater London Council (General Powers) Act 1974 to ensure the restrictions are enforceable. 

Older s106 agreements made solely under the TCPA 1990 remain effective because the council’s Traffic Management Orders (TMOs) enforce the parking restrictions.