Coles & Anor, Re Law Of Property Act 1925 [2004] EWLands LP_2_2003 (4 October 2004)

Coles & Anor, Re Law Of Property Act 1925 [2004] EWLands LP_2_2003 (4 October 2004)

Restriction does not secure practical benefits of substantial value or advantage; marginal loss of privacy to objectors is not substantial; compensation of £10,000 to first and second objectors and £2,500 to third objector is adequate; modification granted subject to completion of landscaping scheme.

Parties
Applicant: Barry William Arthur Coles; Applicant: Jillian Lesley Coles; Objector: Keith William Dawe; Objector: Joanna Patricia Dawe; Objector: George Frederick Wolland
Jurisdiction
England and Wales
Judgment Date
04 October 2004
Procedural Posture
Application to Modify Restrictive Covenant / Final Determination Following Interim Decision
Outcome
application granted
Legal Topics
Modification of Restrictive Covenants, Compensation for Loss of Privacy, Law of Property Act 1925 S84, Planning Permission Impact
Property Law Land Law Modification of Restrictive Covenants Compensation for Loss of Privacy Law of Property Act 1925 S84 Planning Permission Impact

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Parties

Barry William Arthur Coles

Applicant

Jillian Lesley Coles

Applicant

Keith William Dawe

Objector

Joanna Patricia Dawe

Objector

George Frederick Wolland

Objector

Procedural Posture

Application to Modify Restrictive Covenant / Final Determination Following Interim Decision

Legal Issues

  1. 1 Whether restrictive covenant should be modified to permit retention and completion of first floor extension
  2. 2 Whether restriction secures practical benefits of substantial value or advantage
  3. 3 Whether money is adequate compensation for loss or disadvantage

Ratio Decidendi

Restriction does not secure practical benefits of substantial value or advantage; marginal loss of privacy to objectors is not substantial; compensation of £10,000 to first and second objectors and £2,500 to third objector is adequate; modification granted subject to completion of landscaping scheme.

Court Disposition

application granted

Orders

  • Restriction modified to permit retention and completion of first floor extension as per planning permission
  • Applicants to pay £10,000 to first and second objectors and £2,500 to third objector within 2 months of confirmation of modification