Last updated:
30th December 2024
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Property Covenants on Southlake Crescent
See notes
On Southlake Crescent, three properties appear to have built houses, and therefore one would assume restrictive covenants were also originally in place. I would like to request the following information in respect of these properties:
1. Details of any covenants that applied to these properties prior to development
This information is available via the Land Registry, however, there are also aspects that would relate to personal information. Therefore Section 40, and Section 21 exemptions are applicable as the information is accessible via Land Registry for those which isn’t an absolute exemption containing personal information.
2. Whether any applications were made to Wokingham Borough Council to release, vary, or otherwise modify such covenants.
This information is available via the Councils planning register, and therefore exempt under Section 21 – information accessible by other means. You are able to locate our Planning register here: https://www.wokingham.gov.uk/planning/existing-planning-applications
3. Copies of any agreements, deeds of release, or decisions made by the Council relating to those covenant changes.
We are unsure if we would hold this information. This would possibly be from when the six authorities were Berkshire County Council. If this was the case, then it would be accessible at the Berkshire Records Office.
If Wokingham Borough Council were to hold this, it would exceed 18 hours to locate the information as to whether was us or Berkshire County Council – we don’t know when it would have been approved/rejected. These would be cabinet / executive meetings which would be publicly accessible.
4. Details of any financial consideration, fees, or uplift payments that were required from the property owners as part of releasing or varying those covenants.
This information might be accessible from HM Land Registry (if available/held). The Council are applying Section 43 – Commercially sensitive, as if this is a private entity and the Council directly involved there is a cost involved which would depend at the time (not a set fee).
