header-logo header-logo

09 February 2024 / Andrew Francis
Issue: 8058 / Categories: Features , Profession , Property
printer mail-detail

When planning law meets restrictive covenants

157358
The separation of the two systems can be frustrating to lay people & adds to the burden on their advisers. Andrew Francis helps make us at home in this area of the law
  • Explains the separation between the systems governing private rights and obligations, and those governing planning matters.
  • Illustrates the triangular relationship between the parties in large-scale developments.
  • Discusses the judgment in House and another v Waverley Borough Council and another [2023].

Private property rights and obligations, such as those within restrictive covenants or easements, are not generally considered easy bedfellows with rights and obligations under planning law. Even when they do fall in together, either of them is usually seen as having little relevance to the other. This legal apartheid is due mainly to three factors. First, there is the overriding concept of what are ‘material considerations’ when considering matters within planning law (see the Town and Country Planning Act 1990, s 70(2) and the Planning and Compulsory Purchase Act 2004, s 38(6)). Private rights under covenants, etc, are not within those words.

Second, the interests of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll