Seacourt P&R – Key Point 2: Covenant, what covenant?

The Planning Statement for the application to extend Seacourt P&R states (para. 6.74):

” Consideration was given at an early stage in the design development to provision of a decked car park on the existing P&R site. This is not feasible because the existing P&R site is not within the Applicant’s freehold ownership and there is a legal covenant on the land which prohibits the construction of any buildings…”

That is to say, the rationale for an extension being needed, as opposed to raised decking on the existing car park, is that there is a covenant on the existing car park land which prevents the latter. We have asked the applicant if we can see the reported covenant but no such has been produced. Nor can we find one on searching the Land Registry. What we have been shown is an extract of what seems to be a form of lease agreement (not a covenant) on the existing car park. Such an agreement could potentially be varied by negotiation with the landlord.

See Key Point 1 and Key Point 3