Amenity Value of Land Stops Development

A recent case serves as a warning to developers who regard covenants as inconveniences rather than serious impediments.Builder Wimpey had secured land in Gloucestershire and proposed to build 17 houses on it. The land had a covenant attached to it which prevented any building on it, so Wimpey applied to have the covenant removed.Wimpey argued that the covenant impeded the 'reasonable use of the land' – a ground which can justify a covenant being modified or removed. However, a group of local people opposed the removal of the covenant on the ground that if the development took place, the character of the land would change from being semi-rural to being suburban. This, they argued, would cause them a substantial loss of amenity value.The Tribunal backed the action group.The case shows that determined opposition can make it difficult or impossible for a developer to proceed with the development of land which is subject to a 'no build' covenant.We can advise you on all aspects of planning law, please contact Cindy Rai on 01752 292358

    Get in touch to discuss how we can help you.

    This site is protected by reCAPTCHA. The Google Privacy Policy and Terms of Service apply.