LETTER: Covenants and the council

2
Have your say

The letter from John Boyle regarding the sale of the downland farms [Moral and legal difficulties, January 13] gives interesting information about the 1926 Corporation Act. However, as the land to be sold is tenanted, rather than ‘used for public recreation’, I doubt its disposal technically needs to be advertised under the 1972 Act.

There are sound reasons for opposing the sell-off; so that criticism might be a distraction.

I share reservations about the ordinary restrictive covenants; but as the council is a local authority, it could demand new statutory covenants as part of the arrangements for transfer of the freehold.

For instance, Section 33 of the Local Government (Miscellaneous Provisions) Act 1982, enables positive covenants, binding future owners by the council as a local authority (rather than as a landowner). Alternatively, a Planning Obligation (Section 106 Agreement), would be legally possible without a related planning application.

I made a Freedom of Information request to the council about covenants, but I haven’t yet been told whether they are seeking any such statutory covenants from the purchasers. If not, the council’s claims that covenants would help prevent change would be undermined. Whatever covenants will apply, the council still needs to be committed to enforcing against any breaches itself, and that is also unclear.

DAVID EDWARDS

Green Street

Don’t miss out on all the latest breaking news where you live.

Here are four ways you can be sure you’ll be amongst the first to know what’s going on.

1 Make our website your homepage at www.eastbourneherald.co.uk

2 Like our Facebook page at www.facebook.com/eastbourne.herald

3 Follow us on Twitter @Eastbournenews

4 Register with us by clicking on ‘sign in’ (top right corner). You can then receive our daily newsletter AND add your point of view to stories that you read here.

And do share with your family and friends - so they don’t miss out!

The Eastbourne Herald - always the first with your local news.

Be part of it.