Modifying a restrictive covenant
Covenants that restrict the use of land (known as restrictive covenants) can be discharged or modified if they have ceased to serve a useful purpose and are of no real benefit to local people.
The case of James Hall and Company (Property) Limited v Maughan & Ors [2017] proved this point, as the Upper Tribunal (UT) opened the way for the conversion of a hotel and pub into a convenience store.
The pub’s title deeds contained a restrictive covenant, dated 1966, which stated that the site could only be used as a hotel or licensed victualler. However, its brewery owners took the view that it was unviable as a business and had agreed to sell it to a developer who wished to turn it into a shop.
Completion of the sale was dependent on the covenant either being erased or modified and the developer applied to the UT with that objective in mind. A number of local residents objected on the basis that the pub had a loyal clientele and was an essential community hub, particularly for elderly and frail locals.
The developer, however, pointed to the pub’s high overheads and very modest profits. Despite having had eight different landlords in recent years, none of them had managed to make it an economic success.
The objections were largely based on nostalgic recollections of the pub in its heyday and, if the conversion proposals were blocked, the likelihood was that it would be closed and boarded up.
In modifying the covenant to enable the pub’s transformation into a shop, the UT found on the evidence that the restriction on the land’s use did not secure any practical benefits for the objectors.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Delivering for tenants; National Retrofit Hub
New report offers recommendations to strengthen energy efficiency standards to protect private renters.
Government consultations for the summer of 2025
A year of Labour, past and present consultations on the environment, the built environment, training and tax.
CMA competitiveness probe of major housing developers
100 million affordable housing contributions committed with further consultation published.
Homes England supports Greencore Homes
42 new build affordable sustainable homes in Oxfordshire.
Zero carbon social housing: unlocking brownfield potential
Seven ZEDpod strategies for brownfield housing success.
CIOB report; a blueprint for SDGs and the built environment
Pairing the Sustainable Development Goals with projects.
Types, tests, standards and fires relating to external cladding
Brief descriptions with an extensive list of fires for review.
Latest Build UK Building Safety Regime explainer published
Key elements in one short, now updated document.
UKGBC launch the UK Climate Resilience Roadmap
First guidance of its kind on direct climate impacts for the built environment and how it can adapt.
CLC Health, Safety and Wellbeing Strategy 2025
Launched by the Minister for Industry to look at fatalities on site, improving mental health and other issues.
One of the most impressive Victorian architects. Book review.
Common Assessment Standard now with building safety
New CAS update now includes mandatory building safety questions.
RTPI leader to become new CIOB Chief Executive Officer
Dr Victoria Hills MRTPI, FICE to take over after Caroline Gumble’s departure.
Social and affordable housing, a long term plan for delivery
The “Delivering a Decade of Renewal for Social and Affordable Housing” strategy sets out future path.
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
The proposed publicly owned and backed subsidiary of Homes England, to facilitate new homes.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.