Restrictive Covenants

charley_boy_2

Is it possible for a seller to put a restrictive covenant on land preventing the buyer from objecting to future planning applications on neighbouring land that remains in the sellers possession?

G_M

I doubt it.

The covenant could only apply to the land on which it was placed, not other land.

Might be wrong though.

chappers

Agree with G_M and even if they did it would have no value, as objections to planning applications can be submitted in anonymity, An objection is valid under the planning criteria not just because someone doesn't like somethings.
Also as G_M said the convenant can only affect things that happen on the land to which the covenant is attached.

antrobus

charley_boy wrote: »

Is it possible for a seller to put a restrictive covenant on land preventing the buyer from objecting to future planning applications on neighbouring land that remains in the sellers possession?

Apparently the answer is 'yes'. See here:-

Restrictive Covenant - My right to object to Planning Permission
https://forums.moneysavingexpert.com/discussion/439631

Personally, I like the final comment on the thread:-

....as a planner I've had a couple of objections subsequently withdrawn when the objectors have realised that they have a covenant restricting their right to object to an application. One came back stating instead that they did not support the application which seemed to be a good play of words to get around the situation....

RLH33

It would seem you can from the other thread.

However it would be a bit of a waste of time as you could easily get your friends and family to object, as a visitor, neighbour of the house etc, meaning your concerns would still be raised in any application.

Furthermore while it has been known for objectors to make life difficult for developers they are unlikely to prevent the development going ahead unless their concerns are actually valid and some harm (by overlooking, overbearing, design etc) was being done. Even if it was refused at officer/committee level an appeal inspector is unlikely to refuse based solely on some spurious NIMBY comment by a neighbour.

If there was harm being caused then the planning officer should be taking that into account regardless of whether the affected party was objecting or not. I would have no qualms in refusing an application due to harm to neighbours amenity even if the affected neighbour has actually written in support!

chappers

That's just someone flying a kite, they would have to prove that your objection and your objection alone was the reason for permission being denied, and only in very rare and exceptional circumstaces would one persons say so be the reason for a permission to be denied and then it would have to be under a valid planning criterium.
Someone benefitting from such a covenant would definitely have to prove loss and that, that loss was directly attributable to the OP.
Whereas an RS saying something along the lines of no fence to be over 3ft is easy to enforce, you make an offender take the fence down.