Coastal Partnerships Ltd v Beddy & Ors

Coastal Partnerships Ltd v Beddy & Ors

A building erected in accordance with the planning permission would not violate the building covenant; the act of disposing of apartments and associated car parking spaces does not breach the user covenant, but management of common parts after granting long leases may or may not breach the covenant depending on arrangements.

Parties
Applicant: Coastal Partnerships Ltd; Respondent: Mark Peter Beddy; Respondent: Simon John Pring; Respondent: Matt Jacomb
Jurisdiction
England and Wales
Judgment Date
16 February 2007
Procedural Posture
Application for Declarations / Trial Judgment
Outcome
Declarations granted as per amended claim form; no order for costs.
Legal Topics
Restrictive Covenants, Interpretation of Covenants, Law of Property Act 1925, Hotel and Holiday Accommodation Use, Building Restrictions
Property Law Restrictive Covenants Interpretation of Covenants Law of Property Act 1925 Hotel and Holiday Accommodation Use Building Restrictions

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Parties

Coastal Partnerships Ltd

Applicant

Mark Peter Beddy

Respondent

Simon John Pring

Respondent

Matt Jacomb

Respondent

Procedural Posture

Application for Declarations / Trial Judgment

Legal Issues

  1. 1 Whether proposed redevelopment breaches building covenant
  2. 2 Whether disposal or letting of apartments breaches user covenant

Ratio Decidendi

A building erected in accordance with the planning permission would not violate the building covenant; the act of disposing of apartments and associated car parking spaces does not breach the user covenant, but management of common parts after granting long leases may or may not breach the covenant depending on arrangements.

Court Disposition

Declarations granted as per amended claim form; no order for costs.

Orders

  • Declaration that redevelopment and act of disposing of apartments and associated car parking spaces does not contravene restrictive covenants.
  • Minute to be drawn up by applicant and agreed by respondent.