Conservation covenants

I have been following the recent BBC programme- 'The Planners.' Briefly, it follows developers up and down the country whose ambitions for development are pitted (and usually thwarted) against the wrath of local objectors and the scrutiny of local planning committees. This revealing series illustrated just why planning law is such a stimulating and interesting (albeit niche) area of law. It concerns politics, power and personalities. It is far from being dry and mundane.

Despite the above, developers of commercial property and residential housing schemes should be aware of the latest consultation paper published by the Law Commission:

http://lawcommission.justice.gov.uk/areas/conservation-covenants.htm

The paper considers the case for conservation covenants. Such covenants would be entered into between developers and landowners and a responsible body (charities / local or central government) with the explicit aim of heritage and agricultural land conservation. Such covenants exist in other countries but not the UK. Such covenants would be long lasting and designed to protect the land even after the landowner has parted with possession. Unlike restrictive covenants, they would affect both Freehold and Leasehold land and can be positive as well as negative. The Commission asserts that only 'responsible bodies' such as charities would be able to create conservation covenants. The idea is to preserve the environment for future generations. We shall have to watch this space to see how such an idea will work in practice. Developers are well advised to keep an eye on the consultation.

I have no objection to the preservation of the environment. The concerns of local residents must always be borne in mind when considering new development. However, economic growth depends on new employment opportunities through the creation of new homes, retail and leisure units. Conservation covenants may well have a laudable aim. However, the Law Commission may end up creating (rather than solving) more problems if its proposals end up thwarting much needed urban development and renewal.