Our local council have just finished the second stage of consultation for the new local plan, being Site Allocations. One of the sites comprises of two areas of land on the rural fringe (green network) surrounded on three sides by housing, which were previously (1992) purchased by a national developer, but then transferred back to council ownership in 1993 under one Title with a Restrictive Covenant stating the ""The Transferee hereby covenants with the Transferors which the benefit of the Transferors Estate known as xxxxxxx comprising title number SL123456 that the Transferees will not use or permit to be used the land hereby transferred for any purpose other than that as public open space for the benefit of the community at large". There is a significant deficit (23% of the recommended area) in open space and natural and semi natural green space in our town, and the community have indicated in consultation that they do not agree with the development of this site. Id be grateful if someone could advise whether the council (or successor in Title) would need to get the Restrictive Covenant Discharged/Modified by the Land Chamber and how likely is the court to rule in favour of the council? As its Public Open space, are the community able to seek to enforce the covenant or is it the old developer who need to enforce it?
The other question is about Land Appropriation - I am aware that the council must follow a particular procedure to change the use of Land from 'open space' to 'Planning purposes' - but when would that normally happen in the overall process?
I'm OK to wait for an answer for a while, but if you still have no luck in the next week, could you then cancel the question?
Yes, please close the question. Would you be able to arrange a refund on the the £20 payment to paypal - I do not believe i will use Just Answer for any other questions.