[2024] UKUT 00164 (LC)

Case No: LC-2023-157

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

6 June 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANTS – MODIFICATION – redevelopment of the site of a former dwelling house destroyed by fire – renewed application with range of redevelopment proposals for one or two houses – some proposals without planning permission – whether restriction secures practical benefits of substantial value or advantage – s.84, Law of Property Act 1984 – application refused

BETWEEN:

NIGEL JAMES RUTHERFORD BRIANT

Applicant

-and-

HUGO JOHN BALDACCHINO

Objector

Smugglers Hyde,

47 Brook Lane,

Corfe Mullen,

Wimborne,

Dorset, BH21 3RD

Mrs Diane Martin MRICS FAAV

7-8 March 2024

Havant Justice Centre

The applicant representing himself

Mr Charles Auld, instructed by Porter Dodson, for the objector

© CROWN COPYRIGHT 2024

The following case is referred to in this decision:

Briant v Baldacchino [2020] UKUT 0206 (LC)