Devlin LJ said: ‘For example, a man selling a part of his land might object to a refreshment pavilion on his boundary. Provided that the erection of a refreshment pavilion on that spot was not essential to the use of the land as a pleasure ground, the local authority could properly covenant not to erect one, notwithstanding that it had statutory power to do so. This illustrates the proper application of the principle in the Ayr case: see Stourcliffe Estates Co. Ltd. v Bournemouth Corporation [1910] 2 Ch. 12’
Judges:
Devlin LJ
Citations:
[1962] 1 QB 283
Jurisdiction:
England and Wales
Citing:
Cited – Ayr Harbour Trustees v Oswald 1883
The appellant trustees could not competently preclude themselves from exercising their powers under the Ayr Harbour Act in respect of certain land acquired by them for the purposes of that statute bearing in mind that their discretionary powers were . .
Cited – Stourcliffe Estates Co Ltd v Bournemouth Corporation 1910
. .
Cited by:
Cited – Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes CA 1987
The authority agreed to sell part of a housing estate. It proposed to enter into restrictive covenants for the retained parts of the estate to prevent the letting of any vacant flat except by way of a long lease at a premium. The decision was . .
Cited – Kilby v Basildon District Council Admn 26-Jul-2006
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants.
Held: The powers to let on secure tenancies were governed by statute. The clause . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 04 May 2022; Ref: scu.244731