Winter & Anor v Traditional & Contemporary Contracts Ltd

Compensation for modification of a restrictive covenant under section 84 should be based on the actual loss of amenity suffered by the objectors, not on the loss of bargaining position or a share of development value. The tribunal's approach, relying on established authority, disclosed no error of law and was within its discretion.

Parties: Appellants: Mr and Mrs Winter; Respondent: Traditional & Contemporary Contracts Ltd
Jurisdiction: England and Wales
Judgment Date: 07 November 2007
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Restrictive Covenants, Compensation Assessment, Modification of Covenants

Property Law Land Law Restrictive Covenants Compensation Assessment Modification of Covenants

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3

Parties

Mr and Mrs Winter

Appellants

Traditional & Contemporary Contracts Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether compensation for modification of a restrictive covenant should be assessed by reference to development value or loss of amenity
2 Whether the tribunal erred in its approach to alternative development scenarios
3 Whether the tribunal failed to compensate for distress caused by backfill problems

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

No compensation awarded beyond conditional sum for backfill problems.
Modification of the restriction permitted subject to payment or undertaking for remedial works.