Context
A constituent is facing high legal costs to prevent a neighbour from building an extension that would affect her rights under a restrictive covenant.
Question
My constituent is trying to prevent her neighbour from building an extension that would impact her restrictive covenant. She was quoted £80,000 to £100,000 for legal action against the neighbour. These costs make civil law inaccessible to ordinary people. Will the Minister consider bringing restrictive covenants into the planning process as a material consideration?
Answer from The Minister for Housing and Planning (Matthew Pennycook)
Legal restrictions on properties are not usually treated as material planning considerations; the planning process only addresses whether the development is acceptable in planning terms. Material considerations must relate to a planning purpose such as the character or use of the land. If the hon. Member wishes to write with further details, I will endeavour to explore it further.
Not addressed: The Minister did not provide any commitment to consider restrictive covenants in the planning process and instead referred the MP to write for further exploration.
How: Referencing Writing With Further Details
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