Enforcing restrictive covenants?

planning_officer

moneyistooshorttomention wrote: »

If you were to find out the details of said Ombudsman and then get onto these local councillors and get the message over to them of "You are so in for trouble mate - for not doing your job properly - and granting planning permission without having done your homework properly and finding out about that restrictive covenant"

Yep, just to emphasise other posts above - restrictive covenants have nothing to do with the planning system. Planning permission does not override any such covenants, which are private civil matters between the parties involved.

kidlington

Thanks for the responses - I have read of people who have tackled this to their advantage, but I don't know if they had to use a solicitor.
The one we spoke to was talking thousands, which is obviously not viable.

We are still complaining to the council about irregularities in the planning process - there were several and we tried to call it to committee but that didn't work. The developer having a relative on the parish committee and having friends in all the right places hasn't helped with this either - one councilor was telling people not to object as it was going to go through - that was before the first application letters had been sent out.

marksoton

Bluebirdman_of_Alcathays wrote: »

Why be so cutting to a newbie? It specifically says to be nice.


In any case, you are wrong - it could well be the case that a restrictive covenant is in place, requiring only one house to be built. However, the law is indeed, as the OP has said, woolly on enforcing restrictive covenants for subsequent owners of the burdened land. As the developer being a professional knows this, it sounds like they are building anyway.

I wasn't cutting, i simply only had time for a quick reply.

And clearly i'm not wrong, because no developer would take the chance unless they thought it was unlikely any covenant would be enforced.