LT 15 October 1986. Application, under the Law of Property Act 1925 s84(1) for the discharge or modification of a restriction imposed on land by an agreement made under the Town and Country Planning Act 1962 s37 (now s52 of the 1971 Act), by the applicant`s predecessor in title. The restricted land formed part of a garden , upon which the applicant wished to erect a dwelling-house. Under the agreement the land was to be used only as a private open space. Held, dismissing the application, that the purpose of the restriction was to protect the amenities of the area and that the provisions of s37, under which the local authority was to be treated as if it owned adjacent land, were intended to give the covenant the validity of a normal restrictive covenant . LT agreed with the local authority, that the new house, if built, would have a cramped appearance to the detriment of the visual amenity of the area. The local authority had a duty to protect the amenities of the area and it would su