Charging for parking permits is lawful
In the circumstances, it is important to emphasise the importance and legitimacy of the fees for siting containers. The Building Regulations contain clear provisions to the effect that it is not permitted to have containers on plots, and if a plot holder intends to keep a container on their plot for longer than two months, they must apply for a special permit. The charging of a fee for the issue of a position permit is based on law and is therefore lawful.
It is quite common in the town of Hafnarfjörður for landowners to have containers on their plots. At the beginning of 2016, a decision was made to introduce a procedure whereby applications for temporary placement permits for containers would be required, and that a fee would be charged for them, in accordance with section 2.6.1. Article 2.6.1. of the Building Regulations No. 112/2012 and the rules on temporary placement permits, which were approved by the Hafnarfjörður Town Council on 20 January 2016. This applies to all holders of commercial and residential plots, with the exception of those with a designated container area in accordance with the planning scheme.
The Municipality of Hafnarfjörður sent a letter to plot holders, dated 21 March 2016, for information, in which they were given just under two months, until 15 May 2016, to contact the municipality, remove their containers or apply for a temporary permit. This was considered a reasonable and adequate period for action. Full charges were applied to all unlicensed containers after 15 May, as had been announced, in accordance with the fee schedule for licensing and services by the building and planning officer for registration, counting, placement on a site in accordance with a detailed plan and for follow-up. A number of businesses and individuals contacted the council with explanations about their containers, took the opportunity to remove containers from their plots, and others applied for a temporary siting permit. The cases of several companies are still under review, including those that have expressed their dissatisfaction with the operation.
The building regulations contain a clear provision that containers may not be kept on plots. If a plot holder intends to keep a container on their plot for longer than two months, they must apply for a temporary siting permit in accordance with section 2.6.1 of the building regulations. Containers shall be located within areas specifically zoned and designated for container storage in accordance with the Building Regulations and item 9 of Article 60 of the Act on Structures no. 160/2010. The charge for the issue of a position permit is based on law and is therefore lawful. If a position permit for a container is not granted, the plot holder must remove it from the plot.
Containers that are to be kept for less than two months must be positioned on the site so that they do not pose a danger to the public or a risk of fire spreading from them to adjacent buildings. Furthermore, care must be taken to ensure that the fire brigade's access to adjacent buildings is not impeded. Unfortunately, this is lacking in far too many cases.
The by-law on temporary permits can be found here.
The price list can be found here.
Photograph: mbl.is