Re Martin and Another`s Application
Re Martin and Another`s Application
- 1989
- Estates Gazette (1989) 05 EG 85-89(3) .
CA 10 May 1988. Appeal by Martin (M) from dismissal by LT of their application for the discharge or modification of a restrictive covenant , which related to part of their land. M applied for planning permission to build a detached house on part of his garden which was subject to a s37 agreement between M`s predecessor in title and the planning authority restricting use to that of a private open space . Following an appeal to the SoS Environment against a decision of the planning authority M was granted outline planning permission to build the house. Despite this, the authority declined to release M from the restriction and he applied to LT under the Law of Property Act 1925 s84 to discharge or modify the agreement. LT dismissed the application. At issue in CA was the effect of outline consent authorising development prohibited by the s37 agreement and whether the restrictive covenant should automatically be discharged. CA emphasised the two different statutory regimes: a local autho
PLANNING AGREEMENTS
CA 10 May 1988. Appeal by Martin (M) from dismissal by LT of their application for the discharge or modification of a restrictive covenant , which related to part of their land. M applied for planning permission to build a detached house on part of his garden which was subject to a s37 agreement between M`s predecessor in title and the planning authority restricting use to that of a private open space . Following an appeal to the SoS Environment against a decision of the planning authority M was granted outline planning permission to build the house. Despite this, the authority declined to release M from the restriction and he applied to LT under the Law of Property Act 1925 s84 to discharge or modify the agreement. LT dismissed the application. At issue in CA was the effect of outline consent authorising development prohibited by the s37 agreement and whether the restrictive covenant should automatically be discharged. CA emphasised the two different statutory regimes: a local autho
PLANNING AGREEMENTS