Quantum (Barrowsfield) Limited v Andrew John Bell & Ors

Quantum (Barrowsfield) Limited v Andrew John Bell & Ors

The Tribunal discharged the 1908 covenants as obsolete but found the 1963 and 1993 covenants secure practical benefits of substantial value or advantage to the objectors, particularly protection from overlooking and overbearing development, so it lacked discretion to modify or discharge them.

Parties
Applicant: Quantum (Barrowsfield) Limited; Objectors: Andrew John Bell and Andrea Lynne Bell; Objector: Debra Gail Jacobs; Objectors: Gerald Martin Dodd and Elizabeth Janet Dodd; Objector: Barrowsfield Management Company Limited
Jurisdiction
England and Wales
Judgment Date
05 January 2023
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Final Judgment
Outcome
Application partially granted and partially refused.
Legal Topics
Discharge or Modification of Restrictive Covenants, Planning Permission, Amenity, Compensation, Obsolescence of Covenants
Property Law Land Use Restrictive Covenants Discharge or Modification of Restrictive Covenants Planning Permission Amenity Compensation Obsolescence of Covenants

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Parties

Quantum (Barrowsfield) Limited

Applicant

Andrew John Bell and Andrea Lynne Bell

Objectors

Debra Gail Jacobs

Objector

Gerald Martin Dodd and Elizabeth Janet Dodd

Objectors

Barrowsfield Management Company Limited

Objector

Procedural Posture

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

Legal Issues

  1. 1 Whether restrictive covenants are obsolete under s.84(1)(a) Law of Property Act 1925
  2. 2 Whether covenants secure practical benefits of substantial value or advantage under s.84(1A)
  3. 3 Whether Tribunal has discretion to modify or discharge covenants

Ratio Decidendi

The Tribunal discharged the 1908 covenants as obsolete but found the 1963 and 1993 covenants secure practical benefits of substantial value or advantage to the objectors, particularly protection from overlooking and overbearing development, so it lacked discretion to modify or discharge them.

Court Disposition

Application partially granted and partially refused.

Orders

  • 1908 covenants discharged across the whole application site.
  • Application to modify 1963 and 1993 covenants refused.