Restrictive covenant on building

James_N

A friend of mine is in the process of negotiating to buy a plot of land on which the owner has obtained outline permission. However, he's learned that the original sale (ages ago) contained a restrictive covenant to prohibit any building at all - essentially the land was sold as a garden.

What is the place of the council in giving any permission on land that has restrictions, and what is the position regarding any building? The original freeholder is apparently attempting to enforce the covenant.

With planning permission the land is worth thousands: without, about 2d. Would the original freeholder be tempted by crossing the palm with silver, or does this rise above mere money?

lincroft1710

Anyone can apply for planning permission, whether or not they own the land for which pp is being sought. It is the planning authority's remit to check that any proposed development accords with council policy regarding size,type and design, not if there is a non council restrictive covenant which prohibits development.

Restrictive covenants aren't always enforceable and can be removed.

moneyistooshorttomention

As the original freeholder stated it is to remain a garden and has put a restrictive covenant on it to ensure it remains that way - then why are you trying to go against THEIR decision about THEIR land?

If ever I own any land (over and above garden to my house) I will also be putting a restrictive covenant on it to prevent the land being developed. My reason - to protect my tiny little bit of land from all the pressures there are on land in this country and ensure that it remains countryside/a garden. I wouldn't take kindly to someone coming along subsequently and trying to alter what I had "set in stone" to protect that land.

Some people have higher priorities than money and trying to "cross palm with silver" won't work.

Yorkie1

The precise wording of the covenant will need to be looked at by the buyer's solicitor carefully. It will describe who can enforce the convenant. If the original seller is still around, then I very much doubt that the covenant will be removable.

The council grants planning permission but, as previously stated, this is completely separate from the covenant. The two are enforced separately, with different remedies for breach.

planning_officer

Just to emphasise the above, even though outline planning permission has been granted (presumably for a dwelling?) this does not overide any private civil covenants. They are completely separate issues. You still need to address the matter of the covenant and you can't start building anything until, or unless, that is sorted (which it may never be). Having said that, you couldn't start building anything anyway with outline PP - obviously you need to have a further detailed application approved too!