HC Deb 06 July 1995 vol 263 c331W
Mr. John Townend

To ask the Secretary of State for the Environment if registered restricted covenants that seek to preserve the character of a development are considered as other material considerations when a planning application is being considered. [32421]

Sir Paul Beresford

While restrictive covenants and planning controls impinge upon each other to some extent, they constitute different systems of control and each has an independent existence. It is, however, ultimately for the courts to decide what is a material consideration.

Mr. Townend

To ask the Secretary of State for the Environment what are the implications for planning applications for the absence of the term, building line. [32422]

Sir Paul Beresford

It is for a local planning authority to determine in the first instance whether a planning application adequately describes a proposed development. The validity of applications is ultimately a matter for the courts.