Decision details

Application to modify a restrictive covenant on land at 1 Friars Garth, Cartmel

Decision Maker: Delegated Executive Decisions

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: Yes


Application to modify a restrictive covenant on land in Cartmel.


(Chief Executive)




Consideration was given to the application to modify a restrictive covenant on land at 1 Friars Garth, Cartmel.




Authorisation be given for the modification of a restrictive covenant thereby allowing a new property to be provided, on land previously owned by the Council at 1 Friars Garth, Cartmel, and being made available at a permanent discount for ‘approved persons’ with a ‘local connection’.


Reasons for Decision


The decision links to the Council Plan priorities, as follows:-


(1)        Creating balanced communities and delivering affordable homes to meet needs with:-

·         New affordable homes to rent;

·         New elderly care provision;

·         A range of housing to attract and retain young people;

·         New delivery models including a loans scheme; and

·         Support for Community Housing and self-build.


(2)        Encouraging a sustainable environment and inclusive economy, we will build resilience by ensuring that new development is sustainable, energy efficient and flood resilient.


Alternative options considered and rejected


(1)        To lift the covenants unconditionally. This would not be in accordance with the statutory requirement to obtain best consideration in land transactions;


(2)        To take cash instead of permanent price reductions. This would not achieve affordable housing; and


(3)        To attempt to impose more stringent conditions which may not be considered reasonable in the event of an appeal.

Report author: Sion Thomas

Publication date: 13/09/2019

Date of decision: 12/09/2019

Decided at meeting: 12/09/2019 - Delegated Executive Decisions

Effective from: 23/09/2019

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