The reasonableness of restrictive covenants

Restrictive covenants continue to provide significant concern, difficulty and delay for developers. In the recent case of 89 Holland Park (Management) Ltd and others v Hicks (Holland Park), the court was asked to consider the enforceability and extent of two restrictive covenants preventing specific activities in respect of development.

Holland Park concerned two adjoining plots of land in Kensington. In 1965, the then owner of both plots sold the undeveloped site, subject to planning permission, for the construction of a single-storey dwelling. The 1965 transfer contained a positive obligation on the purchaser to develop the planned single-storey development within two years. The transfer also contained a number of restrictive covenants, including the covenants not to make any planning application to modify the approved plan without approval by the seller and not to commence development until the plans, workings and drawings had been submitted to, and approved by, the seller. 

In each case, these covenants were subject to a proviso that the seller should not unreasonably withhold approval…

If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Walker Morris

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Kings Court
12 King Street
Leeds
LS1 2HL
UK
http://www.walkermorris.co.uk

Turnover (£m): 42.50
No. of lawyers: 188