Development and restrictive covenants: tips and traps for developers and objectors

Recorded on: 08/07/2021

With the government pressing for more homes to be built, can developers assume that land burdened by covenants can be built on? When and how will the Lands Tribunal modify a covenant – and what steps should objectors take to ensure this does not happen and that benefitted land remains protected?
  • The Tribunal’s discretion – when will it be exercised, and how? Lessons for developers from Alexander Devine; Derreb; Creebay
  • Views, privacy, seclusion – when are these ‘practical benefits of substantial value or advantage’ – how should objectors demonstrate this and what can developers do to counter?
  • The role of planning permission: a guarantee or unimportant?
  • What further modifications might the Tribunal impose – why should that worry your client and would that include costs?

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