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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I am a self-builder refused Planning permission.. Panning

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I am a self-builder refused Planning permission.. Panning requires spaces for the parking of two cars - Highways say two cars will increase traffic! Could I place a Restrictive covenant regarding car parking on the land to get round this? Steve Hulme

There is nothing to stop you putting restrictive covenant of the kind that you mention on any property which you own.

However in certain circumstances restrictive covenants can be challenged if it’s believed that the covenant is no more than is required to protect any dominant land. The difficulty with this is that whilst you may put the covenant on, it would be down to you to enforce it which means that you would have to continually check the property and take the proprietors to court if they breached the covenant.

Ultimately it would be for the local authority planning department to decide whether they will accept this or not but I’m sorry to say that I think it’s unlikely.

Can I clarify anything for you? I’m sorry that I can give you a more favourable opinion.

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Best wishes.


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Customer: replied 1 year ago.
Hi -thank you for that. We would be living in the property - if we get Planning Permission. Obviously we would have to keep to the terms of our restrictive covenant which would limit us to using and parking only one car on the property. The concern of the Highways Officer seems to be that eventually there would be the possibility of increased traffic. Thus we would hope that we could put the terms of such a covenant into our application as part of the Design Statement and that, in turn, the Planning Officer would make that restriction one of the conditions of giving Planning Permission. When we went through Pre Planning the response was positive stated that Highways "had reservations about increased traffic." Planning, on the other hand, stipulated that we widen the drive, provide parking for two cars and demonstrate how we could turn a car within the site.
It seemed unfair that if we met the conditions of Planning that Highways could then object and cause of refusal - having not clearly stated that originally when they considered the Pre Planning documentation.
Could you indicate how such a Restrictive Covenant might be worded?
Best regards ***** *****