R v Braintree DC ex p Halls
R v Braintree DC ex p Halls
- 2000
- Estates Gazette [2000] 36 EG 164-170(7) .
CA 1 March 2000. Appellant, R, was the owner of a house purchased under the right to buy provisions of the Housing Act 1985. The conveyance contained a restrictive covenant restricting the property to use as a single private dwelling house. B granted planning permission to erect a further house in the garden of the property and agreed they would release the restrictive covenant upon a payment of a sum equivalent to 90% of the open-market value of the plot. R's application for judicial review of B's decision was dismissed. R appealed. Appeal allowed.
R V BRAINTREE DC EX P HALLS
HOUSING ACT 1985
RIGHT TO BUY
RESTRICTIVE COVENANT
PLANNING PERMISSION
OPEN MARKET VALUE
CA 1 March 2000. Appellant, R, was the owner of a house purchased under the right to buy provisions of the Housing Act 1985. The conveyance contained a restrictive covenant restricting the property to use as a single private dwelling house. B granted planning permission to erect a further house in the garden of the property and agreed they would release the restrictive covenant upon a payment of a sum equivalent to 90% of the open-market value of the plot. R's application for judicial review of B's decision was dismissed. R appealed. Appeal allowed.
R V BRAINTREE DC EX P HALLS
HOUSING ACT 1985
RIGHT TO BUY
RESTRICTIVE COVENANT
PLANNING PERMISSION
OPEN MARKET VALUE