[2025] UKUT 00121 (LC)

The 1999 sales particulars for the nursery land included the following plan, which shows the two lots offered for sale and the cross hatched area over which the restriction was imposed.

Lot 1 was described as “About 4.19 acres with current outline planning permission for one 4/5 bedroom house (conversion), one 4 bedroom bungalow (new build), one 4 bedroom house (conversion) and one 3 bedroom house (conversion)”. It included, as shown by numbers on the plan: a former coach house (1), former stable block (2), former stable (3), bungalow for demolition (4), pair of mews cottages (5), brick and asbestos store (6), walled garden (7), workshop (8), oil tank (9), glass houses and polytunnels, boiler house and paved areas (10) and paddock area (11).

Lot 2 was described as: “Approximately 1.22 acres with current outline planning permission to demolish the existing semi detached houses and erect two 4 bedroom houses”.

Outline planning permission had been granted by Melton Borough Council on 30 July 1998 for “Proposed housing development, conversion of existing buildings and erection of new dwellings”. 22 conditions were attached to the permission, of which condition 19 stated:

“This permission relates to the amended layout which was deposited with the Local Planning Authority on 22nd June 1998. The existing buildings shall be converted to no more than 3 units, and no more than 6 units shall be created on the site as a whole....”

The reason for conditions 18 - 22 was given as “To safeguard visual amenity and the character and appearance of the conservation area.”

Comment was made in the sales brochure that “Prospective purchasers may wish to alter the proposed layout or seek to expand the permission.”

Prior to the auction, guide prices were provided at £300,000 for Lot 1 and £150,000 for Lot 2, i.e. £75,000 per plot. At the auction sale on 18 August 1999 Lot 1 sold for £400,000 (£100,00 per plot) and Lot 2 for £305,000 (£152,500 per plot).

The purchaser of both lots was Andromeda Properties Ltd, a company with which the applicant was involved.