41 Oaktree Close, Moreton Morrell
June 13, 2025 Head of Resources and S151 Officer (Officer) Approved View on council websiteFull council record
Purpose
Proposed release of a
restrictive covenant.
Content
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
Agree to release the
restrictive covenant
Decline to release
the restrictive covenant
Details
| Outcome | Recommendations Approved |
| Decision date | 13 Jun 2025 |