Bedwell Park Quarry Co Ltd v Hertfordshire CC
Language: English Series: Journal of Planning and Environment Law ; 1993 JPL 349-353(3)Publication details: 1993Subject(s): Summary: CA 15 May 1992. An appeal on an agreement made under Town and Country Planning Act 1971 s52 and Local Government (Miscellaneous Provisions) Act 1982 s33 between the company, B, and the council, E. The agreement related to land owned by B and allowed them to operate a scheme of for extraction of chalk. Under the agreement B covenanted that infilling should take place as shown on a plan and that the land should be restored by September 1989. B applied to LT and sought relief on the grounds that this was a `positive` burden and under Law of Property Act 1925 s84 claimed relief against restrictive covenants. B sought to amend the land restoration statement to `by 30 June 1997`. CA held in favour of E on the grounds that the covenant improved a `positive` obligation.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | Z3225 (Browse shelf(Opens below)) | 1 | Available | 51737-1001 |
CA 15 May 1992. An appeal on an agreement made under Town and Country Planning Act 1971 s52 and Local Government (Miscellaneous Provisions) Act 1982 s33 between the company, B, and the council, E. The agreement related to land owned by B and allowed them to operate a scheme of for extraction of chalk. Under the agreement B covenanted that infilling should take place as shown on a plan and that the land should be restored by September 1989. B applied to LT and sought relief on the grounds that this was a `positive` burden and under Law of Property Act 1925 s84 claimed relief against restrictive covenants. B sought to amend the land restoration statement to `by 30 June 1997`. CA held in favour of E on the grounds that the covenant improved a `positive` obligation.