R v Braintree DC, ex parte Halls
R v Braintree DC, ex parte Halls
- 2000
- Property and Compensation Reports [2000] 80 P&CR 266-279(7) .
CA 1 March 2000. H and his father excercised right to buy the house of which they were tenants from the council, B. District valuer's valuation of the property did not include any allowance for development potential. Conveyance contained a covenant that the property was to be used as a single dwelling-house only. H then obtained plannning permission to erect a further dwelling house within the property''s curtilage and he intended to sell part of the garden to a developer. He requested B's consent to the sale for the purposes of the restrictive covenant. B agreed to release H from the covenant if he paid 90% of the open market value of the plot. H applied for judicial review and court below held that it was not unlawful for B to seek payment for release from covenant. H appealed. Appeal dismissed.
R V BRAINTREE DC EX P HALLS
HOUSING ACT 1985
RIGHT TO BUY
RESTRICTIVE COVENANT
PLANNING PERMISSION
OPEN MARKET VALUE
CA 1 March 2000. H and his father excercised right to buy the house of which they were tenants from the council, B. District valuer's valuation of the property did not include any allowance for development potential. Conveyance contained a covenant that the property was to be used as a single dwelling-house only. H then obtained plannning permission to erect a further dwelling house within the property''s curtilage and he intended to sell part of the garden to a developer. He requested B's consent to the sale for the purposes of the restrictive covenant. B agreed to release H from the covenant if he paid 90% of the open market value of the plot. H applied for judicial review and court below held that it was not unlawful for B to seek payment for release from covenant. H appealed. Appeal dismissed.
R V BRAINTREE DC EX P HALLS
HOUSING ACT 1985
RIGHT TO BUY
RESTRICTIVE COVENANT
PLANNING PERMISSION
OPEN MARKET VALUE