Nigel Briant v Hugo Baldacchino & Anor

Nigel Briant v Hugo Baldacchino & Anor

The covenant secures practical benefits to the objectors but not of substantial value or advantage. The proposed development is reasonable, planning permissions have been granted, and compensation of £56,250 is adequate for any loss. The application for modification is allowed subject to conditions and payment of compensation.

Parties
Applicant: Nigel Briant; Objector: Hugo Baldacchino; Objector: Cheryl Baldacchino
Jurisdiction
England and Wales
Judgment Date
11 March 2026
Procedural Posture
Application Under Section 84 Law of Property Act 1925 / Final Determination
Outcome
Application allowed subject to conditions and compensation
Legal Topics
Restrictive Covenants, Modification of Covenants, Compensation for Modification, Planning Permission
Property Law Restrictive Covenants Modification of Covenants Compensation for Modification Planning Permission

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Parties

Nigel Briant

Applicant

Hugo Baldacchino

Objector

Cheryl Baldacchino

Objector

Procedural Posture

Application Under Section 84 Law of Property Act 1925 / Final Determination

Legal Issues

  1. 1 Whether the restrictive covenant should be modified to permit redevelopment of the site for two houses and outbuildings
  2. 2 Whether the restriction secures practical benefits of substantial value or advantage to the objectors
  3. 3 Whether compensation is adequate for any loss or disadvantage

Ratio Decidendi

The covenant secures practical benefits to the objectors but not of substantial value or advantage. The proposed development is reasonable, planning permissions have been granted, and compensation of £56,250 is adequate for any loss. The application for modification is allowed subject to conditions and payment of compensation.

Court Disposition

Application allowed subject to conditions and compensation

Orders

  • The restrictive covenant in the Charges Register for Smugglers Hyde (Title DT151352) is modified under section 84(1)(aa) Law of Property Act 1925 to permit the developments granted planning permission by Dorset Council on 12 January 2024 (P/FUL/2023/04037) and 23 July 2025 (P/FUL/2025/00387), subject to conditions...
  • Additional buildings in the rear gardens are permitted provided they fall within permitted development and the boundary is consistent with approved drawings.