Jasper Edward Peck Dickinson v William Gordon Adams & Anor

Jasper Edward Peck Dickinson v William Gordon Adams & Anor

The restriction impedes a reasonable use of the property and does not secure practical benefits of substantial value or advantage to the objectors. The proposed modification will not injure the objectors. The applicant's undertakings further mitigate any concerns.

Parties
Applicant: Jasper Edward Peck Dickinson; Objector: William Gordon Adams; Objector: Rita Joy Adams
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Decision
Outcome
Application granted
Legal Topics
Restrictive Covenants, Modification of Covenants, Planning Permission, Conservation Areas
Property Law Land Law Restrictive Covenants Modification of Covenants Planning Permission Conservation Areas

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Parties

Jasper Edward Peck Dickinson

Applicant

William Gordon Adams

Objector

Rita Joy Adams

Objector

Procedural Posture

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

Legal Issues

  1. 1 Whether the restrictive covenant should be modified to permit the development of two dwellings in breach of a single dwellinghouse covenant
  2. 2 Whether the covenant secures practical benefits of substantial value or advantage to the objectors
  3. 3 Whether modification will injure the objectors

Ratio Decidendi

The restriction impedes a reasonable use of the property and does not secure practical benefits of substantial value or advantage to the objectors. The proposed modification will not injure the objectors. The applicant's undertakings further mitigate any concerns.

Court Disposition

Application granted

Orders

  • The restriction in the Charges Register for The Walk, Lower Road, Ufford, Woodbridge IP13 6DL is modified under section 84(1)(aa) of the Law of Property Act 1925 to permit the development as per planning permission granted on 14 July 2020 (DC/20/1768/FUL), subject to conditions.
  • Modification is conditional on the applicant accepting the modification, providing an undertaking to implement the method statement, and providing an undertaking (including a £5,000 deposit) to repair any damage to the access area.