Hi, thanks for your enquiry.
Many ex council houses have restrictive covenants placed on them. This was a cause for concern for many homeowners in ex Council properties until a recent decision which was passed by the Lands Tribunal.
The basis of the case involved former local authority properties which had restrictive covenants placed on them which prevented their use from anything other than a coach depot and an associated residential bungalow.
The local authority received an application for residential development but refused it on the basis of the covenant and they also refused any modifications to the covenant. The applicant then appealed the decision which went on to be approved by the Secretary of State.
When the appeal was made, the Lands Tribunal was asked to consider that the covenant be modified based on Sec 84 (1) of the Law of Property Act 1925. When the Lands Tribunal looked at this they decided that the covenant did not allow for reasonable use of the land and that the local authority, who would be the party that benefitted from the covenant, would not actually gain anything from the covenant being upheld.
As a result of this ruling, many owners of ex council properties will be more likely to have the covenant which had been placed on their property lifted than before the ruling was made.
In your situation, as the local authority have already granted planning permission for development, the position is even better in that in the circumstances, the covenants on your property are normally deemed ineffective, and the Council can not argue otherwise. You should therefore get your Solicitor to write to the Council and request covenant consent on this basis. I hope this assists and sets out the legal position. If I have helped, please don't forget to rate my answer. Kind Regards Al