Wilde, Re: Main Road, Long Bennington [2009] EWLands LP_12_2008 (24 April 2009)

Wilde, Re: Main Road, Long Bennington [2009] EWLands LP_12_2008 (24 April 2009)

Ground (aa) was satisfied in relation to all persons entitled to the benefit of the restriction, due to agreements reached with objectors, compensation, and new restrictions, so the covenant could be modified to permit development of up to 14 houses.

Citation
[2009] EWLands LP_12_2008
Parties
Applicant: Antony Wilde; Objector: Mr Davis; Objector: Mr and Mrs Rodway; Objector: Mr and Mrs Craven; Objector: Mr Ablewhite and Ms Horner
Jurisdiction
England and Wales
Judgment Date
24 April 2009
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Decision After Hearing and Subsequent Agreement
Outcome
Application granted in part; restrictive covenant modified subject to new restrictions and compensation.
Legal Topics
Modification of Restrictive Covenants, Section 84 Law of Property Act 1925, Planning Permission, Compensation for Modification of Covenants
Property Law Land Law Modification of Restrictive Covenants Section 84 Law of Property Act 1925 Planning Permission Compensation for Modification of Covenants

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Parties

Antony Wilde

Applicant

Mr Davis

Objector

Mr and Mrs Rodway

Objector

Mr and Mrs Craven

Objector

Mr Ablewhite and Ms Horner

Objector

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Decision After Hearing and Subsequent Agreement

Legal Issues

  1. 1 Whether the restrictive covenant restricting use of land to garden/curtilage should be modified to permit residential development
  2. 2 Whether grounds (a), (aa), (b), or (c) of Section 84(1) Law of Property Act 1925 are satisfied in relation to all persons entitled to the benefit of the restriction

Ratio Decidendi

Ground (aa) was satisfied in relation to all persons entitled to the benefit of the restriction, due to agreements reached with objectors, compensation, and new restrictions, so the covenant could be modified to permit development of up to 14 houses.

Court Disposition

Application granted in part; restrictive covenant modified subject to new restrictions and compensation.

Orders

  • Restrictive covenant modified to permit development of the application land with not more than 14 houses.
  • New restrictive covenants imposed as set out in the Appendix, including use and building restrictions on defined areas (Green Land, Blue Land, Paddock).