Can covenants stop planning permission?
Can covenants stop planning permission?
It is important to note that restrictive covenants are not considered in applications for planning permission. Equally, planning permission does not quash any restrictions on title. Landowners must both obtain planning permission, and comply with restrictive covenants, in order for development to be carried out.
Why are there restrictive covenants on a property?
Often property titles contain restrictive covenants which prevent the owner from using the property in a particular way for the benefit of another’s land. For instance, the benefit may be to protect the over development of a neighbourhood, or to prevent the obstruction of a neighbour’s view.
Where can I get a restrictive covenant discharged?
Applications under s.84 (1) of the Law of Property Act 1925 to discharge or modify restrictive covenants The owner of land which is subject to the burden of a restrictive covenant can apply to the Lands Chamber of the Upper Tribunal (previously known as the Lands Tribunal) to have it discharged or modified.
When do restrictive covenants and planning permission clash?
A recent case has demonstrated the difficulties posed when restrictive covenants and planning permission are operated independently of each other. The Upper Tribunal has upheld the right of residents of a small architect-designed development built in the late 1980s.
Why are there restrictive covenants in Bartlett Close?
The residents sought to preserve the development’s built form by relying on restrictive covenants seeking to prevent one resident from extending her house. Bartlett Close is a development of 34 properties designed around a derelict church near Mile End, East London.
Often property titles contain restrictive covenants which prevent the owner from using the property in a particular way for the benefit of another’s land. For instance, the benefit may be to protect the over development of a neighbourhood, or to prevent the obstruction of a neighbour’s view.
Can a car park be built on a restrictive covenant?
Part of the site was burdened by a restrictive covenant which prohibited the land from being used for building or for any purpose other than as a car park. The developer was aware of the covenant, but ignored it and carried out with the development.
Can a court cancel a restrictive covenant on land?
The authority for this application is section 35 of the Property Law Act. This section allows the court to modify or cancel several different types of charges against land (i.e. restrictive covenants, statutory rights of way, building schemes, land use contracts) in appropriate circumstances, even over the objections of other interested parties.
Who are the members of a restrictive covenant Committee?
This committee is typically established and controlled by the developer of the property and then, after the developer has sold all or a substantial part of its property in the development, controlled by the board of directors of the owners association.