PART 7Conservation covenants

Breach and enforcement

125Enforcement of obligation

(1)

In proceedings for the enforcement of an obligation under a conservation covenant, the available remedies are—

(a)

specific performance,

(b)

injunction,

(c)

damages, and

(d)

order for payment of an amount due under the obligation.

(2)

On an application for a remedy under subsection (1)(a) or (b), a court must, in considering what remedy is appropriate, take into account any public interest in the performance of the obligation concerned.

(3)

Subject to subsection (4), contract principles apply to damages for breach of an obligation under a conservation covenant.

(4)

In the case of breach of an obligation of the landowner under a conservation covenant, a court may award exemplary damages in such circumstances as it thinks fit.

(5)

For the purposes of the Limitation Act 1980, an action founded on an obligation under a conservation covenant is to be treated as founded on simple contract.