20th August 2025
Residents concerned about potential development at Padden Brook have recently sought clarification over a long-standing legal covenant attached to the land.
Documents obtained from the Land Registry confirm that the land – shaded green on official plans – is held by John and Alison Hall, who acquired both the freehold and leasehold titles in June this year.
Some residents had believed that a lease agreement prevented any building on the site. However, Stockport Council’s legal department has now explained that this is not strictly the case.
The lease sets out strict conditions if any buildings are ever erected, including:
- Only dwellinghouses with suitable outbuildings of a minimum annual letting value of £35 may be constructed.
- No building may be erected without the landlord’s prior written approval of plans and specifications.
- Written consent from the landlord is required before any house, outbuilding, or other structure can be built.
The Council clarified that such covenants are enforceable only by the landlord against the tenant. As the same individuals currently own both the landlord and tenant titles, enforcement between the two is effectively redundant.
However, an important point remains: a restrictive covenant is a binding legal obligation attached to the land itself and cannot simply be overturned. Even if the owner wished to develop, planning permission would still be required, and the covenant conditions would continue to apply.
A Council spokesperson stated:
“This is a matter of covenant law, and we hope the clarification helps residents understand the correct position. While ownership of the lease and freehold titles rests with the same people, the covenant restrictions remain part of the legal framework governing the land.”
The Gazette will continue to follow developments at Padden Brook closely.
Thu 03/07/2025 07:35
