Graham v Easington District Council

Graham v Easington District Council

The Lands Tribunal was entitled to conclude that the practical benefits secured by the restriction were not of substantial advantage to the council, given its own grant of planning permission for residential development and the absence of sufficient change in circumstances to alter that balance. The tribunal's decision was not perverse nor wrong in law.

Parties
Appellant: Graham; Respondent: Easington District Council
Jurisdiction
England and Wales
Judgment Date
02 December 2008
Procedural Posture
Civil Appeal / Appeal From Lands Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Restrictive Covenants, Discharge of Covenants, Planning Permission, Land Use
Property Law Land Law Restrictive Covenants Discharge of Covenants Planning Permission Land Use

Case Brief

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Parties

Graham

Appellant

Easington District Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Lands Tribunal Decision

Legal Issues

  1. 1 Whether the Lands Tribunal erred in law in discharging a restrictive covenant under section 84 of the Law of Property Act 1925
  2. 2 Whether the grant of planning permission by the same authority is determinative or merely a relevant factor
  3. 3 Whether there had been a material change of circumstances since the grant of planning permission justifying refusal to discharge the covenant

Ratio Decidendi

The Lands Tribunal was entitled to conclude that the practical benefits secured by the restriction were not of substantial advantage to the council, given its own grant of planning permission for residential development and the absence of sufficient change in circumstances to alter that balance. The tribunal's decision was not perverse nor wrong in law.

Court Disposition

Appeal dismissed