Law Commission recommends introduction of new statutory scheme of conservation covenants

Law Commission recommends introduction of new statutory scheme of conservation covenants

Following the Law Commission’s consultation on the introduction of conservation covenants from March to June 2013, the Conservation Covenant’s report has been published today with the results of the consultation and a draft bill to give effect to the recommendation to introduce a statutory scheme of conservation covenants allowing landowners to voluntarily create binding obligations on their own land to meet a conservation objective, such as preserving woodland, plant species or habitats or covenants binding land to farm in a particular way.

The report and draft bill aim to introduce a simple and cost-effective means of:

  • overcoming the legal difficulties faced when creating binding obligations;
  • enhancing the delivery of existing conservation objectives; and
  • insuring long-term conservation benefits.

The report recommends the statutory introduction of conservation covenants into the law of England and Wales by providing for:

  • voluntary agreements to be made between a landowner and a responsible body for a conservation purpose and for the public good
  • no requirement for there to be benefitted land
  • the ability to agree posit

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About the author:

Melissa Moore is a dual qualified in England and Wales and South African lawyer and has 14 years’ experience in property practice in England. She has worked in local government and been a partner at a regional law firm and most recently an associate director at Berwin Leighton Paisner which she joined in 2005. Melissa has wide experience in all areas of property law and specializes in commercial real estate development. She has experience in a number of sectors including hotel, leisure, offices, investment, industrial, motorway service stations and funding. She has worked on large scale strategic developments and government funding initiatives, town centre regeneration schemes and private mixed use developments both for public sector and private developers and investment funds. In 2013 she was ranked by Legal 500 as recommended for local government work.