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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll