Purpose

Proposed release of a restrictive covenant.

Decision

That the Council will release the covenant detailed below.

Reasons for the decision

The property is a former local authority house which was sold to the then tenant in 1984.  At the time the covenant below (in italics) was placed on the property. 

Not to plant any hedge nor to construct erect or place any walls fences gates rockeries mounds or garden ornaments on any part of the property shown coloured brown on the plan annexed hereto but to maintain the same only as grass lawns kept neat and tidy in all respects.

The current owners wish to use the front garden for parking and have requested the release of the covenant.

Since the time when the property was sold by the Council many of the adjacent houses have created parking in their front gardens and as a result this is now commonplace at this location, and there is no need to retain the restrictive covenant in order to maintain control over the appearance in the vicinity.  The property owners have sought highway authority consent to access from the highway.

There is no effective value to the Council in maintaining the covenant and it is unlikely that having the ability to park on their own property will affect the value of the property as there is still good on street parking to the front.

The Council will be protected, as documents are being drafted by Legal Services and their costs are being reimbursed by the owners of the property.

Alternative options considered

1. Agree to release the restrictive covenant
2. Decline to release the restrictive covenant