Can a restrictive covenant really stop development forever?

 In this episode, Richard and Lizzie unpack the Upper Tribunal decision in Duncan Grossart v Vikki Ames [2026] UKUT 139 (LC), a fascinating case involving a Surrey farm, a barn development, and an attempt to remove a restrictive covenant under section 84 of the Law of Property Act 1925.

The land had previously been refused planning permission for a substantial residential scheme, but changing circumstances in the surrounding area, including a nearby 132-home development, dramatically shifted the legal landscape. The Tribunal ultimately concluded that the covenant had become obsolete and no longer provided any practical benefit of substantial value to the neighbouring Grade II listed property.

Richard explores what this means for developers, landowners, investors and property owners, including:

• when restrictive covenants can be discharged or modified; 

• how tribunals assess whether a covenant is “obsolete”; 

• the interaction between planning change and private land rights; 

• the importance of demonstrating practical benefit; and 

• why neighbouring owners cannot always rely on historic restrictions to block development. 

If you deal with strategic land, regeneration, development risk or contentious property issues, this is a case worth understanding.

Relevant cases:

Sutton v Baines [2022] UKUT 342 (LC)

Fosse Urban Projects Ltd v Whyte & Ors [2023]UKUT 286 (LC)