Will a restrictive covenant prevent a proposed development?

A restrictive covenant can potentially prevent a proposed development, but it depends on the specific terms and circumstances. Covenants are legally binding agreements that restrict certain uses of land or property. If a proposed development violates the terms of an existing covenant, the affected party can seek legal remedies to stop or modify the project.

However, the enforceability of restrictive covenants can vary, and some may become obsolete over time due to changes in law or public interest. Developers often seek legal advice and may negotiate with affected parties or apply to the courts to have covenants modified or discharged to proceed with their plans.

Our solicitors play a crucial role in addressing restrictive covenants that are hindering proposed developments. We can advise on the enforceability of restrictive covenants, explore the availability of indemnity insurance and, if necessary, guide you through an application to the Lands Tribunal to discharge or modify the covenant.

What is a restrictive covenant on land?

A restrictive covenant on land is a legal agreement or condition imposed upon a property that restricts or limits certain uses, activities, or alterations that can be carried out on the land or within the property. These covenants are typically found in the title deeds of a property and are intended to maintain specific standards, protect the character of a neighbourhood, or preserve the interests of the original landowner or developer.

Restrictive covenants can take various forms, but common examples include limitations on building height, the type of structures that can be erected, the use of the property (e.g. residential or commercial), and even aesthetic restrictions like the choice of exterior paint colours. These covenants aim to prevent actions that might negatively impact the value or enjoyment of neighbouring properties.

To enforce a restrictive covenant, a party with a legitimate interest, may take legal action against a property owner who violates the covenant.

It’s crucial for potential property buyers and owners to thoroughly understand any restrictive covenants associated with a property, as they can have a significant impact on what can and cannot be done with the land. Breaching a restrictive covenant can result in legal consequences and the requirement to undo any unauthorised changes or activities on the property.

Does planning permission override a restrictive covenant? –

Planning permission and restrictive covenants are distinct legal concepts that address different aspects of property use and development. Planning permission is a statutory process governed by local planning authorities, while restrictive covenants are private contractual agreements typically found in property deeds.

Generally, planning permission does not automatically override a restrictive covenant. These two legal mechanisms operate independently, and each has its own set of rules and requirements. Obtaining planning permission allows a property owner to develop their land in accordance with the approved plans, as long as those plans comply with relevant planning laws and regulations. However, it does not nullify or invalidate any existing restrictive covenants on the property.

Property owners are still obligated to adhere to the terms of any restrictive covenants associated with their land, even if they have obtained planning permission for a specific development. Failure to do so could result in legal consequences, including injunctions and damages.

In some cases, property owners may seek to have restrictive covenants modified or discharged through legal proceedings, but this is a separate process from obtaining planning permission.

In summary, planning permission alone does not override or invalidate existing restrictive covenants on a property. Property owners must comply with both planning regulations and any applicable restrictive covenants to avoid legal complications.

Contact our specialist land development and restrictive covenants solicitors today

To discuss your commercial and land development dispute, please contact a member of our team on 03456 381381. Alternatively, please send an email with your name, contact information and brief details of your property dispute to propertydisputes@ibblaw.co.uk and one of our team will be able to help you