Application was made to relax a restrictive covenant to allow a further house to be built within a garden plot.
Held: The scheme had the primary intention of securing a relatively low density residential development of houses and bungalows. This was the first attempt to deviate from the scheme and it constituted an obtrusive and discordant departure by building on a plot which was too small. The Tribunal also referred to the possibilities of later further sub-division.
Judge Bernard Marder QC said: ‘In the circumstances therefore, I have reached the conclusion that to grant this application would have the effect of opening the first breach in a carefully maintained and successful scheme of development, and would render it more difficult to resist further applications for the subdivision of plots with the consequent threat of increasing density and loss of character. Thus to grant the application would in my judgment deprive the objectors of a substantial and valued practical benefit, namely the assurance of the continued integrity of the building scheme.’
Judge Bernard Marder QC
(1997) 73 PandCR 126
Cited – Re Snaith and Dolding’s Application LT 1995
The applicants sought modification of a covenant, to enable them to build a second house on a single plot within a building scheme.
Held: ‘The position of the Tribunal is clear. Any application under section 84(1) must be determined upon the . .
Cited – Lawntown Ltd v Camenzuli and Another CA 10-Oct-2007
Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments.
Held: The appeal failed. The power in the 1985 Act to vary a . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 May 2022; Ref: scu.260194