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Planning consent alone will not secure modification of restrictive covenant (Briant v Baldacchino)

31st July 2020

Briant v Baldacchino modification of restrictive covenants, planning consent and development

Caroline DeLaney, our Head of Real Estate Disputes, looks at a recent decision of the Upper Tribunal (Lands Chamber) refusing to order the modification of a restrictive covenant that prevented the redevelopment of residential land even though planning consent had been granted.

The Tribunal has the power under section 84(1) of the Law of Property Act 1925 to modify or release a restrictive covenant on a number of grounds.  Ground (aa) is the most frequently used and permits the Tribunal to do so if the covenant impedes ‘some reasonable user of land for public or private purposes’ and, in impeding that user, the restriction ‘[…]does not secure to persons entitled to the benefit of it any practical benefits of substantial value or advantage to them’.

The decision is a useful reminder that the grant of planning consent is not, by itself, enough.

Briant v Baldacchino [2020] UKUT 206 (LC)

See the full article attached.That was first published by Lexis®PSL on 27/72020.

If you would like any further information on the modification or release of restrictive covenants or on any issue relating to land development.

please contact:

Caroline DeLaney, Head of Real Estate Disputes

Email: caroline.delaney@rosenblatt-law.co.uk

Phone: +44 (0) 20 7955 1423