[2024] UKUT 00174 (LC)

Case No: LC-2022-600

AN APPLICATION UNDER

SECTION 84 OF THE LAW OF PROPERTY ACT 1925

14 June 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANTS – DISCHARGE – site of former educational establishment in residential area – last used as a school in 1997 – buildings now demolished – planning permission for residential development – whether restrictions obsolete – whether restrictions secure practical benefits to objectors – whether discharge would cause injury – s.84(1), Law of Property Act 1925

BETWEEN:

STAFFORDSHIRE COUNTY COUNCIL

Applicant

-and-

RESIDENTS OF THE ROE LANE

FARM HOUSING ESTATE

Objectors

Seabridge County Junior and Infants School,

Roe Lane,

Newcastle, ST5 3PR

Upper Tribunal Judge Elizabeth Cooke and Peter D McCrea FRICS FCIArb

14 May 2024

Edward Denehan, instructed by Staffordshire Legal Services, for the Applicant

The objectors were not represented

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

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

Re Hextall’s Application (1998) 79 P&CR 382

Re Bass’s Application (1973) 26 P&CR 156

Stockport Metropolitan Borough Council v Alwiyah Developments (1986) 52 P&CR

Re O’Reilly’s Application (1993) 66 P&CR 485

James Hall and Company (Property Limited) v Maugham and Ors [2017] UKUT 240 (LC)