The idea
With Local Authorities not taking into account at the planning application stage of restrictive covenants in property or land deeds, local communities are not benefiting from the restrictions put in place to there right to light and air in some cases. There right to free sun light and the wind to dry out the land to keep a balance in ground conditions.
To know that no building will take place on gardens and that a fence will be kept to the height and the type agreed by the parties benefiting from the covenant restriction put in place and agreed to at the point of purchase.
The Law of property have to comply with the Law as much as any citizen does, and this includes respecting their private law property right. Which under the present planning system the Local Authority do not look or take into consideration any restrictive covenants on land submitted for development? Is this how it has led to large numbers of people having to take out insurance policies just in case some heir appears and decides to enforce the covenant. Or the property owner of a semi- detached house having the party fence raised in height cutting out there sun light and the wind to there land being told this is permitted development by the Local Authority on a fence under covenant to maintain.
If the Local Authority is providing a service for the people and the local community why shouldn’t there private law property rights be taken into account when a planning application is made or a complaint is made. Why should it have to cost them to enforce it when to have one removed you make an application through the Lands Tribunal. It hasn’t got to cost for advised by their solicitor that it is hugely expensive needing a barrister costing £500 an hour.
It affects lots of property owners, and the remedy is simple and if no action is taken now our grandchildren will face less free air and sun light, with these restrictions we have our own civil liberties as property owners, but when will they be respected by the Local Government and Central Government.
Why is it important?
If there is to be a reform of the Planning System then may be all information including any and all restrictive covenants are taken into account. The proposed government's freedom bill, your rights as a property owner under a signed agreement to private Law rights and restrictive covenant enforcement are observed by a Local Authority and there Ombudsman.
As from my own experience in this field has show friction within the community when individuals will not take any notice of what they did agree to when they purchased a property and the position the Local Authority has taken by not wishing to observe the Law of Property.