Thanks for your question.
I hope I can help you.
Sounds like the deeds contain a restrictive covenant. Without seeing the actual deeds I will answer in general terms.
Whilst there may be the existence of a restrictive covenant in the deeds there is criteria which needs to be satisfied to ensure that it is enforceable. Only the person who has the benefit of the restrictive can enforce it.
It may be the case that the council has the benefit but may choose not to enforce if it wants the developer to undertake the development. It may also be the case that the developer has got / will get the restrictive covenant released or insures against a potential breach.
To recap, only the person who has the benefit of the covenant can enforce it. Even if a covenant is enforceable there are ways a developer can get around it to ensure the development proceeds.
I hope this helps. Do let me know if you have any further questions or queries in respect of my answer.
Please can I ask you to accept /positive rate my reply.
Based on what you have said, as I have not read the restrictive covenant /title, yes. Usually the person who has the benefit of the restrictive covenant would not see the restrictive covenant in its own deeds. The restrictive covenant is in the deeds of the burdened land. If you cannot enforce a restrictive covenant if you do not have the the benefit. So in your position the fact there is a restrictive covenant is meaningless if the person with the benefit does not wish to enforce it.
The planning department will not take the restrictive covenant into account when considering the planning application.
The council may well have benefitted financial from this, I mentioned above that one way round a restrictive covenant is to get the land released - this generally means buy off the person with the benefit.
If, at the planning stage, you wish to object you can mention its existence on the deeds but your argument needs to focus on destruction of the street scene, over burdening of the highway, potential for increase in street parking etc.
I hope this helps. Good luck.
Please can I remind you to accept / leave a positive rating. Thanks.
Can I help further?
Many thanks. Glad I could help.
If you have any further questions please do not hesitate to contact me.
All the best