Bates v No Respondent [2005] EWLands LP_9_2004 (27 April 2005)

Bates v No Respondent [2005] EWLands LP_9_2004 (27 April 2005)

The covenants impede reasonable user of the land by preventing erection of two 3-storey semi-detached houses. The benefits secured to the objectors are not of substantial value or advantage, and monetary compensation is adequate for any disadvantage. Modification is therefore ordered under s.84(1)(aa).

Citation
[2005] EWLands LP_9_2004
Parties
Applicant: John Stanley Bates; Objector: Linda MacDonald; Objector: Laurence Garnett
Jurisdiction
England and Wales
Judgment Date
27 April 2005
Procedural Posture
Application to Modify Restrictive Covenants Under Law of Property Act 1925 S.84 / Final Decision After Hearing
Outcome
application granted in part
Legal Topics
Modification of Restrictive Covenants, Reasonable User of Land, Compensation for Modification, Planning Permission, Conservation Area Development
Property Law Land Use Planning Law Modification of Restrictive Covenants Reasonable User of Land Compensation for Modification Planning Permission Conservation Area Development

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Parties

John Stanley Bates

Applicant

Linda MacDonald

Objector

Laurence Garnett

Objector

Procedural Posture

Application to Modify Restrictive Covenants Under Law of Property Act 1925 S.84 / Final Decision After Hearing

Legal Issues

  1. 1 Whether restrictive covenants should be modified to permit erection of two 3-storey semi-detached houses in place of a bungalow
  2. 2 Whether the covenants secure practical benefits of substantial value or advantage to the objectors
  3. 3 Whether compensation is adequate for any disadvantage to the objectors

Ratio Decidendi

The covenants impede reasonable user of the land by preventing erection of two 3-storey semi-detached houses. The benefits secured to the objectors are not of substantial value or advantage, and monetary compensation is adequate for any disadvantage. Modification is therefore ordered under s.84(1)(aa).

Court Disposition

application granted in part

Orders

  • Covenants 1, 3, and 4 modified to permit erection of two 3-storey semi-detached houses with specified window restrictions and use limitations
  • Applicant to pay objectors £2,500 as compensation