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Modifying restrictive covenants: a warning to developers
In George Wimpey Bristol Limited and Gloucestershire Housing Association Limited the parties applied to the Lands Tribunal to modify a restrictive covenant preventing development on a parcel of land which already had the benefit of planning permission.
Wimpey had adopted a deliberate strategy of forcing through the proposed development by ignoring the restrictive covenant and the objections from those with the benefit of it, in the hope that by so altering the nature and character of the land, the Lands Tribunal would be persuaded to allow the proposed development to continue.
The Lands Tribunal made it clear that it would have been totally inappropriate to reward Wimpey for deliberately flouting their legal obligations in this way. Wimpey and Gloucestershire were refused the application to modify a restrictive covenant.
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