LC-2022-497 - [2023] UKUT 286 (LC)

Case Number: LC-2022-497

AN APPLICATION UNDER SECTION 84 OF THE LAW OF PROPERTY ACT 1925

Royal Courts of Justice

8 December 2023

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANTS – discharge or modification – covenant restricting use of site to garden land in connection with the adjoining property – new house developed on site in breach of the covenant – whether covenant was obsolete or secured practical benefits of substantial value or advantage – s.84(1)(a), (aa) and (c), Law of Property Act 1925 – application refused

BETWEEN:

FOSSE URBAN PROJECTS LIMITED

Applicant

-and-

ROBERT WHYTE AND JANE CHASSELS O’RAW (1)

HELEN SARAH BELL (2)

Objectors

Re: Land to the rear of 87 and 91 Silfield Road,

Wymondham,

Norfolk,

NR18 9AX

Mr Mark Higgin FRICS

Royal Courts of Justice

21 September 2023

Ms Amanda Eilledge, instructed by Cozens-Hardy LLP, for the applicant

Mr Howard Gill for first objector

Dr Helen Bell in person

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