Which of the following is not listed as a step to discharge or modify a restrictive covenant under LPA 1925 s84 in the described process?

• A. Seek to obtain planning permission for the land
• B. Obtain consent or a waiver from the person with the benefit of the covenant
• C. Obtain insurance cover
• D. Make an application to the Lands Chamber under s84 LPA 1925

Answer: (A)

Discharging or modifying a restrictive covenant under section 84 of the Law of Property Act 1925 is a private-law remedy aimed at adjusting land interests to reflect present circumstances. The two main pathways are: first, obtain the consent or waiver of the person who benefits from the covenant; second, if consent cannot be secured or if the party with the benefit requires a formal order, apply to the Lands Chamber under section 84 for an order to discharge or modify the covenant. Insurance (often a covenant indemnity policy) may be arranged to cover potential future claims if the covenant is discharged or modified. Planning permission, however, sits in the planning regime and does not form part of the statutory steps to discharge or modify a restrictive covenant under section 84. Even if planning permission is granted for development, you would still need a Lands Chamber order to affect the covenant, so seeking planning permission is not a listed step in the section 84 process.