Restrictive Covenant on New Build - advice please

Piana1984

Hi, Looking for advice on whether anyone has had a positive outcome in receiving permission to lift a restrictive covenant placed on a new build, for a garden extension in particular. We purchased our house in December 2019 through Persimmons, we have a detached house that has a piece of land to the side of our brick wall enclosing our garden, the piece of land stretches the length of our house and is approximately 4m wide. next to this land is visitor parking bays, and the road is a residential road (no through access). The piece of land is listed on our deeds but has a restrictive covenant that it is not to be built on, we wish to extend our garden boundary to enclose this said land within our garden walls. 
To be honest we cannot understand why it wasnt included within our garden in the first place, and obviously as it belongs to us we are responsible for its upkeep - understandable, but, it is a nightmare to get the lawnmower round there as our gate is the other side on our driveway, people continually walk over it and use it for their dogs toilet, a neighbour's visitor has parked up on the grass on a couple of occasions as the visitors bay was full and we are getting fed up with it. We are installing a fence to cordon it off but eventually want to knock the existing wall down and build around it. Our neighbours garden that is opposite ours and brick wall faces the road is only 1 metre from the kerb which is what we would like to do, so do not understand why theirs was built to the road but ours was not? 
Anyway, sorry for rambling - i am hoping someone may be able to offer some advice on what we can do. Persimmon are still on site and are not due to finish for another 12 months so we did not intent to do anything until they are off site and then request their persimmon to lift the covenant, does this sound acceptable? 
Many thanks for reading

davidmcn

If it's specific to that piece of ground, are you sure there wasn't a good reason for the no-build restriction in the first place e.g. utilities underneath it?

AdrianC

You aren't planning on building on it, so the covenant shouldn't be applicable. There's nothing else saying you can't move the fence line?

daveyjp

Look at the planning documents.  Your wall may be at the back of a visibility splay, especially if your house is on a corner with road junction.

caeler

I have that in my deeds (also brought with persimmon).  A neighbour applied for planning which would include building on said strip of land and it was declined.  New build developments often come with a lot of landscape/environmental requirements so the open space is often there for a reason and local authorities like it to be kept so the general feel and look of the estate isn't ruined.  In the end the neighbour planted some bushes which over the years is creating a rather nice boundary.  

RelievedSheff

It is possible that it is a services easement in which case you would not be able to move the wall. 

Land_Registry

The covenant will have been imposed for the benefit of other land. As such it’s important to read and understand the covenant if clause that precedes it. 

For example if the covenant is for the benefit of the development/estate it won’t be one Persimmon alone can lift 
If there’s 39 other plots on the development/estate then you’ve got potentially 39 other landowning beneficiaries and getting it lifted is extremely unlikely