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Development and restrictive covenants, clarification of section 237 of the Town and Country Planning Act 1990 is it necessary?

By: Contributor(s): Language: English Series: Journal of Planning and Environment Law ; (Issue 1) 2008, 9-17(9)Publication details: 2008Subject(s): Summary: Looks at proposed amendments to legislation to allow the use of land to take place notwithstanding that it infringes easements or restrictive covenants. Compensation for 'breaching' rights that restrict the use of land will be based upon the depreciation in the value of the land that has the benefit of the rights. Argues that the simplification of the compensation process is appropriate and should be welcomed and looks at the background behind the changes. Closes by saying that clarification of the law is welcome but unnecessary, with the authors arguing that the decision in Thames Water Utilities v Oxford CC was flawed - leading to the current move towards clarification.

Looks at proposed amendments to legislation to allow the use of land to take place notwithstanding that it infringes easements or restrictive covenants. Compensation for 'breaching' rights that restrict the use of land will be based upon the depreciation in the value of the land that has the benefit of the rights. Argues that the simplification of the compensation process is appropriate and should be welcomed and looks at the background behind the changes. Closes by saying that clarification of the law is welcome but unnecessary, with the authors arguing that the decision in Thames Water Utilities v Oxford CC was flawed - leading to the current move towards clarification.