In Diggens and others' application
In Diggens and others' application
- 2000
- Estates Gazette [2000] 48 EG 121-122(2) .
The applicants made an application, under the Law of Property Act 1925 s84(1), for the discharge or modification of a restriction, so that five houses could be built on their respective land. 59 objections were made and admitted. The applicants decided that a further restriction required discharge or modification and acting on advice, requested that their original application be amended to include the second restriction. Objectors argued that the Lands Tribunal Rules 1996 did not allow this. The request for an amendment was refused on the grounds that the Lands Tribunal Rules do not contain a provision to allow the application to be amended to include a second restriction. If an application requires the discharge or modification of a second restriction, a further application under the Law of Property Act 1925 s84(1) must be made.
RESTRICTIVE COVENANTS
MODIFICATION
DISCHARGE
LANDS TRIBUNAL RULES 1996
PLANNING PERMISSION
LAW OF PROPERTY ACT 1925 S84(1)
The applicants made an application, under the Law of Property Act 1925 s84(1), for the discharge or modification of a restriction, so that five houses could be built on their respective land. 59 objections were made and admitted. The applicants decided that a further restriction required discharge or modification and acting on advice, requested that their original application be amended to include the second restriction. Objectors argued that the Lands Tribunal Rules 1996 did not allow this. The request for an amendment was refused on the grounds that the Lands Tribunal Rules do not contain a provision to allow the application to be amended to include a second restriction. If an application requires the discharge or modification of a second restriction, a further application under the Law of Property Act 1925 s84(1) must be made.
RESTRICTIVE COVENANTS
MODIFICATION
DISCHARGE
LANDS TRIBUNAL RULES 1996
PLANNING PERMISSION
LAW OF PROPERTY ACT 1925 S84(1)