IntroCovenants4

Whenever there is a covenant there are a least two parties.

Party A writes the covenant (usually when they sell the land) and they benefit from the conditions that the covenant places on Party B, the new owner(s) of the land. That is, Party A “benefits” because Party B is required to carry out (, or prevented from carrying out) some activity.

Problems arise because a covenant, in principle, can survive for eternity with the land and buildings remaining long after the parties involved in the writing to covenant are deceased.

The responsibilities of the parties do not disappear on death or when the property is sold. There has been a recent situation where a condition that dates back to the time of Henry VIII required that the house owner pay for the maintenance costs for part of a nearby village church. When the church needed a new roof, the vicar used the long-forgotten covenant and went to the courts to force the house owner to pay a significant contribution toward the costs of the building works.

Planning and local councils

The planning framework does not directly recognise covenants. However, the planning framework often seeks similar objectives by trying to safeguard the amenity of neighbouring residents.

The local council may be willing to consider enforcing a covenant when it protects a significant public amenity.

For example, a covenant may require a private land owner to allow access across part of their land (Originally, the access may have enabled the original land owner a convenient route to the village church that has long since been removed). Now the route across the land allows access to a sports field and is needed by a small town that has been developed on the land that was previously a large estate. If the private land owner tried to block the public access the local council may review the covenant and consider whether enforcement is in the public interest. In this instance, the council’s interest is in protecting the “public amenity” – it is not specific to any planning imperative.

Covenants and planning

Cont..

Disclaimer

The information and opinions within this site are for information purposes only. They are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Local Planning Apps shall accept no responsibility for any errors, omissions or misleading statements on this site or for any loss which may arise from reliance on information contained within this site. No mention of any products, shall imply any approval or warranty as to the standing and capability of any such products on the part of Local Planning Apps or its clients.

Page 4

Planning reports for the area you care about - at your fingertips!!

Home About

Local Planning Apps >>Knowledge<<