[2023] UKUT 189 (LC)

Royal Courts of Justice,

London WC2A

8 August 2023

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

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

RESTRICTIVE COVENANTS – modification – obsolescence – qualified leasehold covenants preventing improvement or change of use without landlord’s consent – 60 year term remaining – proposal to replace redundant warehouses with residential towers – landlord willing to consent on conditions unacceptable to applicant – s.84(1)(a),(aa), (c), Law of Property Act 1925 – application refused

BETWEEN

Re: 34 Great Jackson Street,

Manchester M15

Martin Rodger KC, Deputy Chamber President and Mr Peter D McCrea FRICS FCIArb

5 - 6 July 2023

Martin Hutchings KC, instructed by Walker Morris LLP, for the applicant

Elisabeth Tythcott, instructed by Manchester City Council, for the objector

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] UKSC 45

Driscoll v Church Commissioners for England [1957] 1 QB 330

Truman, Hanbury, Buxton & Co’s Application [1956] 1 QB 261

Chatsworth Estates Ltd v Fewell [1931] 1 Ch 224

Caledonian Associated Properties Ltd v East Kilbride DC (1985) 49 P&CR 410