• Restrictive Covenant

    By Guest on 14th Jan 2016


    a group of us are hoping to prevent a large residential taking place. The title to the proposed development includes a restrictive covenant not permitting the land to be used for ".....factory or for any noisome or offensive purpose." Would we get any mileage objecting on these grounds. The current location is rural and quite isolated, no light pollution, minimal traffic and no through road. Current land is farmland.

    Thank you in advance.


  • 2 Answers

    By Guest on 14/01/2016

    This area of law is very complex. "Offensive" is of course a subjective term. It is common, if a land owner wants to prevent future building on the land to impose a specific covenant so the fact that wasn't done here is suggestive that it wasn't the intention but it is not clear cut. In any event.one or more of you would need to prove that the benefit of the covenant attached to your land, so that you had a right to enforce it. If you plan to go down this route you would need to find a specialist.solicitor, this is a niche area. Have you lodged an objection to the planning application?

  • By Guest on 14/01/2016


    Many thanks for the prompt response. For what it's worth most of our existing properties include the same covenant. There is not yet a planning application in place. The land concerned is instead included in the council's draft local plan, although developers are waiting in the wings with options on the land registered. If we can have it removed at this stage and preserve the green belt all the better!

    Kind regards.


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