Fairclough Homes Ltd, Re Law Of Property Act 1925 [2004] EWLands LP_30_2001 (8 June 2004)

Fairclough Homes Ltd, Re Law Of Property Act 1925 [2004] EWLands LP_30_2001 (8 June 2004)

The Tribunal held that the restrictive covenants secured practical benefits of substantial value or advantage to the objectors by preserving the low-density, single-plot character of the estate and protecting the amenities of neighbouring properties. The proposed development of 20 flats would have a significantly greater adverse impact than any realistic alternative development permitted by the covenants, both in terms of immediate effects on neighbours and as a precedent for further similar developments. Therefore, the applicant failed to establish grounds for modification under section 84(1)(aa).

Citation
[2004] EWLands LP_30_2001
Parties
Applicant: Fairclough Homes Limited; Objectors: Bryan Neville Irving Bloom and Phillipa Bloom; Objectors: Andrew and Carole Williamson
Jurisdiction
England and Wales
Judgment Date
08 June 2004
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Decision After Hearing
Outcome
Application refused
Legal Topics
Modification of Restrictive Covenants, Section 84 Law of Property Act 1925, Planning Permission, Residential Development, Estate Management
Property Law Land Use Covenants Modification of Restrictive Covenants Section 84 Law of Property Act 1925 Planning Permission Residential Development Estate Management

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Parties

Fairclough Homes Limited

Applicant

Bryan Neville Irving Bloom and Phillipa Bloom

Objectors

Andrew and Carole Williamson

Objectors

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Final Decision After Hearing

Legal Issues

  1. 1 Whether the restrictive covenants should be modified to permit the development of 20 flats on land at 60 Wigton Lane under section 84(1)(aa) of the Law of Property Act 1925
  2. 2 Whether the covenants secure practical benefits of substantial value or advantage to the objectors
  3. 3 Whether money would be adequate compensation for any loss or disadvantage

Ratio Decidendi

The Tribunal held that the restrictive covenants secured practical benefits of substantial value or advantage to the objectors by preserving the low-density, single-plot character of the estate and protecting the amenities of neighbouring properties. The proposed development of 20 flats would have a significantly greater adverse impact than any realistic alternative development permitted by the covenants, both in terms of immediate effects on neighbours and as a precedent for further similar developments. Therefore, the applicant failed to establish grounds for modification under section 84(1)(aa).

Court Disposition

Application refused

Orders

  • Application for modification of restrictive covenants is refused.
  • Applicant to pay the objectors' costs, subject to detailed assessment by the Registrar on the standard basis if not agreed.