Coles, Re [2004] EWLands LP_02_2003 (16 February 2004)

Coles, Re [2004] EWLands LP_02_2003 (16 February 2004)

The Tribunal held that the application to modify the restrictive covenant would be granted upon completion of a landscaping scheme, and that compensation would be awarded to the objectors as money was deemed adequate for any loss or disadvantage resulting from the modification.

Citation
[2004] EWLands LP_02_2003
Parties
Claimant: Barry William Arthur Coles; Claimant: Jillian Lesley Coles
Jurisdiction
England and Wales
Judgment Date
16 February 2004
Procedural Posture
Application to Modify Restrictive Covenant / Interim Decision
Outcome
application granted subject to condition
Legal Topics
Restrictive Covenants, Modification of Covenants, Compensation for Loss or Disadvantage
Property Law Restrictive Covenants Modification of Covenants Compensation for Loss or Disadvantage

Case Brief

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Parties

Barry William Arthur Coles

Claimant

Jillian Lesley Coles

Claimant

Procedural Posture

Application to Modify Restrictive Covenant / Interim Decision

Legal Issues

  1. 1 Whether the restrictive covenant limiting development to two detached bungalows not exceeding one storey should be modified to permit retention and completion of a first floor extension
  2. 2 Whether the restriction secures practical benefits of substantial value or advantage
  3. 3 Whether money will be adequate compensation for any loss or disadvantage

Ratio Decidendi

The Tribunal held that the application to modify the restrictive covenant would be granted upon completion of a landscaping scheme, and that compensation would be awarded to the objectors as money was deemed adequate for any loss or disadvantage resulting from the modification.

Court Disposition

application granted subject to condition

Orders

  • Modification of the restrictive covenant to permit retention and completion of the first floor extension upon completion of landscaping scheme
  • Compensation of £10,000 awarded to the first and second objectors