Peacock, Re [2000] EWLands LP_37_99 (16 June 2000)

Peacock, Re [2000] EWLands LP_37_99 (16 June 2000)

The application failed because there was no definite proposed user of the land impeded by the restriction, and the objector would be injured by the discharge as it would remove his proprietary right to control development, leaving only less restrictive planning control.

Citation
[2000] EWLands LP_37_99
Parties
Applicant: Anthony Ronald Peacock; Applicant: Lesley Susan Bartolomeo; Objector: Peter David Ingram
Jurisdiction
England and Wales
Judgment Date
16 June 2000
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Decision With Costs Order
Outcome
Application dismissed
Legal Topics
Restrictive Covenants, Discharge of Restrictive Covenants, Section 84 Law of Property Act 1925, Planning Permission
Property Law Restrictive Covenants Discharge of Restrictive Covenants Section 84 Law of Property Act 1925 Planning Permission

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Parties

Anthony Ronald Peacock

Applicant

Lesley Susan Bartolomeo

Applicant

Peter David Ingram

Objector

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Final Decision With Costs Order

Legal Issues

  1. 1 Whether the restrictive covenant prohibiting structures over two metres should be discharged under section 84(1)(aa) or (c) of the Law of Property Act 1925
  2. 2 Whether the objector would be injured by the discharge of the restriction

Ratio Decidendi

The application failed because there was no definite proposed user of the land impeded by the restriction, and the objector would be injured by the discharge as it would remove his proprietary right to control development, leaving only less restrictive planning control.

Court Disposition

Application dismissed

Orders

  • Application for discharge of restrictive covenant refused
  • Applicants to pay objector's costs in the sum of £150