The Restrictive Covenant in the Control of Land Use

This text examines the private and public control of land use; the former through the restrictive covenant, the latter by planning control. With its emphasis on the former, it explores the contrasting objectives and possible futures of private and public control.

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This text is concerned with the privat and public control of land use; the former through the restrictive covenant, the latter by planning (development) control. With its emphasis on the former, and the manifesttion of the restrictive covenant both severally and in teh building scheme, it explores the contrasting objectives and possible futures of private and public control. The main theme of the work is preceded by a succinct exposition of the evolution of the restrictive covenant and its adaptation to changing social and economic need, and followed by a critical assessment of the future direction of the restrictive covenant in a system dominated by public planning (development) control and environmental regulation. Drawing on experience outside the UK (particularly the USA), it considers how private property interests increasingly protect matters not only outwith planning control, but also by way of extending and supplementing that particular form of regulation.