[2024] UKUT 0414 (LC)

Case No: LC-2024-0005

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

20 December 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANT – DISCHARGE OR MODIFICATION – planning consent for demolition of redundant agricultural buildings and erection of modern office unit – restriction preventing erection of buildings other than those designed for and to be used for agricultural purposes – whether restriction secures practical benefit through enjoyment of amenity in a field – application for modification granted with compensation

BETWEEN:

BEECHES CAPITAL

Applicant

-and-

ALISON HUNT AND OTHERS

(AS PERSONAL REPRESENTATIVES OF

THE ESTATEOF MARGARET ADELINE HUNT)

Objectors

Beeches Farm,

Icknield Way,

Tring,

Hertfordshire HP23 4LA

Mrs Diane Martin, TD, MRICS, FAAV

23-24 October 2024

Royal Courts of Justice

Ms Brooke Lyne, instructed by Gardner Leader LLP, for the applicant

Mr Richard Power, instructed by Allan Janes LLP, for the objectors

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Blue Angel Properties Ltd v Jenner [2020] UKUT 0360 (LC)

Re Fermyn Wood [2018] UKUT 0411