In his article entitled 'When Planning Law Meets Restrictive Covenants' recently published in the New Law Journal, specialist Property barrister, Andrew Francis provides a detailed review of the challenges faced when private rights under restrictive covenants conflict with public law rights under planning law.
With reference to the recent Planning Court judgment in House & Anor v Waverley Borough Council & Anor [2023] EWHC 3011 (Admin), the article explores the separation between the systems governing private rights and obligations, and those governing planning matters. The article also highlights the complex inter-relationship this creates between the parties in large-scale developments.
The full New Law Journal article is available to subscribers here.