[2025] UKUT 00121 (LC)

Case No: LC-2024-208

AN APPLICATION UNDER SECTION 84 OF THE LAW OF PROPERTY

ACT 1925

9 April 2025

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANT – MODIFICATION – planning permission for conversion of existing outbuilding to create a single storey three bedroom dwelling – restriction against use of land other than as a paddock, garden land or horticultural nursery – objector agreeing that restriction secures to it no practical benefit and causes it no injury – sum to make up for effect of restriction in reducing consideration received when it was imposed – sub-para (ii) of section 84(1) of Law of Property Act 1925 – modification granted without compensation

BETWEEN:

RICHARD GENNARD

Applicant

-and-

LEICESTER CITY COUNCIL

Objector

49 Main Street, Rotherby,

Melton Mowbray,

LE14 2LP

Mrs D Martin TD MRICS FAAV

Determination on written representations

© CROWN COPYRIGHT 2025

The following cases are referred to in this decision:

Re Bowden’s Application (1984) 47 P & CR 455

Re Broomhead’s application (2003) LP-7-2001 (unreported)

Re O’Byrne’s Application [2018] UKUT 395 (LC)

Sheppard v Martin Grant Holdings Ltd [2020] UKUT 171 (LC)