Hamden Homes Ltd, Re [2001] EWLands LP_38_1999 (12 December 2001)

Hamden Homes Ltd, Re [2001] EWLands LP_38_1999 (12 December 2001)

The restrictive covenant is not obsolete as it continues to prevent over-intensive development, which was its original purpose. The applicant failed to prove that the proposed use is reasonable or that planning permission would be granted for a reduced site. The restriction secures practical benefits of substantial...

Source-derived case information.

Citation
[2001] EWLands LP_38_1999
Parties
Applicant: Hamden Homes Limited; Objectors: Mr and Mrs J Wheatley; Objectors: Mr and Mrs D Ahern; Objectors: Mr and Mrs A Gloor; Objectors: Mr and Mrs S Tye; Objectors: Mr and Mrs H Fairhall; Objectors: Mr J Pringle and Ms C Dodson; Objector: Chiltern Hundreds Housing Association; Objectors: Mr and Mrs Joslin
Jurisdiction
England and Wales
Judgment Date
12 December 2001
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Decision and Costs Order
Outcome
application dismissed
Legal Topics
Restrictive Covenants, Modification of Covenants, Section 84 Law of Property Act 1925, Planning Permission, Injury to Objectors
Property Law Land Law Restrictive Covenants Modification of Covenants Section 84 Law of Property Act 1925 Planning Permission Injury to Objectors

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Summary, issues, holding and outcome

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Parties

Hamden Homes Limited

Applicant

Mr and Mrs J Wheatley

Objectors

Mr and Mrs D Ahern

Objectors

Mr and Mrs A Gloor

Objectors

Mr and Mrs S Tye

Objectors

Mr and Mrs H Fairhall

Objectors

Mr J Pringle and Ms C Dodson

Objectors

Chiltern Hundreds Housing Association

Objector

Mr and Mrs Joslin

Objectors

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Final Decision and Costs Order

Legal Issues

  1. 1 Whether the restrictive covenant limiting development to one detached house per plot should be modified to permit three houses on the subject land
  2. 2 Whether the covenant is obsolete under s84(1)(a)
  3. 3 Whether the restriction impedes reasonable use under s84(1)(aa)

Ratio Decidendi

The restrictive covenant is not obsolete as it continues to prevent over-intensive development, which was its original purpose. The applicant failed to prove that the proposed use is reasonable or that planning permission would be granted for a reduced site. The restriction secures practical benefits of substantial value to the objectors, including amenity and enjoyment. Modification would cause injury to objectors. None of the statutory grounds for modification are satisfied.

Court Disposition

application dismissed

Orders

  • application for modification of restrictive covenant refused
  • applicant ordered to pay objectors' costs in the sum of £2,961.22