![[2024] UKUT 0414 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png){kind=logo}
Determination
Determination
I consider that a sum of £15,000 would be adequate compensation for the loss of amenity the objectors will suffer until the tree planting reaches maturity. That allows a little over £2,000 per acre for a marginal loss of amenity to them in their enjoyment of the 7.25 acre field. It would enable them to undertake further tree planting in mitigation of the loss of amenity should they wish.
I am therefore satisfied that I have jurisdiction to modify the restriction under ground (aa), to permit the redevelopment scheme, because the restriction does not secure to the objectors any practical benefits of substantial advantage, and I can award a sum in compensation for the marginal loss of amenity they will suffer from the modification.
If follows that ground (c) is not made out because the proposed modification will injure the objectors.
The following order shall be made:
The restrictions in the Charges Register for the property known as Beeches Bungalow, Icknield Way, Tring (Title BM448089) shall be modified under section 84(1)(aa) of the Law of Property Act 1925 by the insertion of the following words:
“PROVIDED that the development permitted under the grant of planning permission on 18 October 2022 by Buckinghamshire Council under reference 22/02399/APP and subject to the conditions attached thereto may be implemented in accordance with the terms, details and approved drawings referred to therein. Reference to the above planning permission shall include any subsequent planning permission that is a renewal of that planning permission, any non-material amendments that are approved and any other matters approved in satisfaction of the conditions thereto.”
An order modifying the restriction shall be made by the Tribunal provided, within three months of the date of this decision, the applicant shall have:
Signified its acceptance of the proposed modification of the restriction in the Charges Register of the Property; and
Provided evidence that the sum of £15,000 has been paid to and received by solicitors acting for the Estate of Margaret Adeline Hunt.
Mrs Diane Martin, TD, MRICS, FAAV
- Heading
- Introduction
- Factual background
- History of non-agricultural use and planning consents
- Legal background
- The application and agreed matters
- The redevelopment scheme
- Section 7
- The conversion scheme
- Section 9
- Submissions
- The objection
- The evidence on amenity
- For the objectors
- Discussion
- Ground (aa) – Whether in impeding a reasonable use the restriction secures practical benefits to the objectors and, if so, whether money will be an adequate compensation for their loss
- Determination
- Conclusions