HC Deb 08 July 1991 vol 194 c643
34. Mr. Thurnham

To ask the Attorney-General if he will make a statement on the enforcement of covenants.

The Solicitor-General

The enforcement of covenants is essentially a matter of private law. There may be instances, for example section 106 of the Town and Country Planning Act 1990, in which Parliament gives a public authority a right to enforce a restrictive covenant as if the authority were an adjoining landowner.

Covenants relating to land may confer rights on the public, in which case it is open to the Attorney-General to lend his name to a relator action for their enforcement.

Mr. Thurnham

Where local authorities have a duty to enforce planning covenants, will my right hon. and learned Friend remind them that they have a duty to do so responsibly and robustly, and that they should not run up the white flag and run away at the first signs of aggressive development?

The Solicitor-General

I am well aware of the deep interest in my hon. Friend's constituency about such matters. His views will have been heard and understood.