On 29 November 2022, a new local land charge was introduced: the Conservation Covenant.
What is Conservation Covenant?
Conservation covenants are agreements relating to the conservation of certain features of land. They have been created as local land charges to overcome the limitations on enforceability of ordinary land covenants, for example, the need for the covenant to be restrictive in nature (or otherwise be protected by a restriction on title requiring a deed to comply with a positive covenant) and for the covenant to be given for the benefit of clearly identified retained land.
A conservation covenant is a private, voluntary agreement between a landowner and a “responsible body” that enables the landowner to guarantee the long-term protection of the land and to ensure the conservation of natural or heritage features on it.
Who can enter into a conservation covenant?
- Landowners: the owner of the freehold interest in the relevant land or the owner of a leasehold interest granted for more than seven years.
- Responsible bodies: local authorities, other public bodies or conservation charities.
How do conservation covenants work?
Under a conservation covenant, the landowner makes binding promises to meet specific conservation obligations.
These may be:
- Positive obligations - for example, to carry out particular activities or to manage land in a specific way.
- Restrictive obligations - for example, not to carry out works or excavations.
Either way, the covenant must have a “conservation purpose”.
Conservation covenants and biodiversity net gain
One of the anticipated uses of conservation covenant agreements is in respect of biodiversity net gain – a principle enshrined in the National Planning Policy Framework (NPPF). Other anticipated uses for conservation covenant agreements include ensuring that open land is kept as a nature reserve for public use, protecting wild habitats and preserving the architectural features of a building.
A “conservation purpose” is one which is to conserve the natural environment of land or the natural resources of land, to conserve land as a place of archaeological, architectural, artistic, cultural or historic interest, or to conserve the setting of land with a natural environment or natural resources or which is a place of archaeological, architectural, artistic, cultural or historic interest.
The obligations of the landowner under a conservation covenant are owed to and are enforceable by the responsible body that is party to the relevant agreement. Subject to registration of the agreement as a local land charge it is automatically binding upon any person who becomes a successor in title of the landowner or who derives title under the landowner or its successor.
Why do conservation covenants matter for developers?
Although it will be some time before this new form of local land charge appears in local search results, developers and their advisers still need to be alert to such agreements as they will prevent or at least limit development or the way in which it is to be carried out.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
