[2024] UKUT 0414 (LC)

This is an application under section 84 of the Law of Property Act 1925 for the Tribunal to discharge or modify a restriction, imposed in a conveyance dated 4 November 1959, which prevents the applicant from implementing a planning permission to demolish former agricultural buildings and redevelop as a rural business and enterprise hub. The application land, Beeches Farm, is situated on the outskirts of Tring on the north side of the B488 Icknield Way which forms the north western boundary of the town.

The applicant, Beeches Capital, is a private unlimited company which primarily acts as an investment vehicle for the Dean family and owns the freehold of Beeches Farm. The applicant was represented by Mr Andrew Screech, who is Property Director of Beeches Property (Tring) Limited, which is 49% owned by the applicant. Mr Screech is married to Sarah Dean, one of the three directors of the applicant.

The original objector to the application, Mrs Margaret Hunt, owned adjoining land with the benefit of the restriction. She died in May 2024 and her objection was continued by the personal representatives of her estate, represented by her daughter Mrs Alison Hunt.

I inspected the application land and the objector’s property on 15 October 2024, accompanied by Mr Screech, Mrs Hunt and the applicant’s solicitor Mr Alex Tigwell of Gardner Leader.

At the hearing the applicant was represented by Ms Brooke Lyne, who called The Revd Professor Robert May BA(Hons) BPI Dip Mgt MA AoU FRTPI, a director of the firm Ryan & May, to give expert evidence on planning and amenity. The objectors were represented by Mr Richard Power, who called Mr Malcolm Kempton FRICS, a chartered surveyor and founding director of Kempton Carr Croft, to give expert evidence on practical benefits secured to the objectors by the restriction. No expert valuation evidence was adduced.