Zenios v Hampstead Garden Suburb Trust Limited

The restriction secures practical benefits of substantial value to the Trust in preserving the character and amenities of the area, the Trust acts in the public interest of the suburb, and money is not adequate compensation for the disadvantage. The Trust is entitled to form its own view independent of the planning authority. The appeal is dismissed.

Parties: Appellant: Zenios; Respondent: Hampstead Garden Suburb Trust Limited
Jurisdiction: England and Wales
Judgment Date: 08 November 2011
Procedural Posture: Civil Appeal / Appeal From Upper Tribunal (lands Chamber)
Outcome: Appeal dismissed
Legal Topics: Modification of Restrictive Covenants, Schemes of Management, Planning Permission, Conservation Areas

Property Law Land Use Modification of Restrictive Covenants Schemes of Management Planning Permission Conservation Areas

Case Brief

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Parties

Zenios

Appellant

Hampstead Garden Suburb Trust Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (lands Chamber)

Legal Issues

1 Whether the restriction on altering the external appearance of the property should be modified under section 84(1) of the Law of Property Act 1925
2 Whether the Trust's refusal of consent was justified despite planning permission being granted
3 Whether the Trust's interest is a public interest and if money is adequate compensation for any disadvantage

Ratio Decidendi

Court Disposition

Appeal dismissed