Plans to build a primary school on the Surbiton Hospital site have hit a legal complication after a businessman who inherited a Victorian restrictive covenant was located.

Philip le Lisle, a Berkhampstead-based mentor for company directors, was tracked down by former councillor Mary Clark a week before the planning meeting was held.

He and his siblings inherited an 1876 covenant that forbids “any trade or business whatsoever (including a school)” on a portion of the site.

Mr de Lisle is now in correspondence with Kingston Primary Care Trust, although it was believed the issue would not prevent building going ahead.

Councillor Liz Green, executive member for education, said the covenant holder would be entitled to compensation if a school was build on the land, but did not know how much would be paid.

She said: “It has not thrown a spanner in the works. It does not prevent us from proceeding. There is a plan to deal with the covenant, but that is all I can say.”

A council spokesman said: “The issue of covenants is being considered by our legal advisers. The details are not something we will discuss in public at this stage.”