LT 26 March 1991. The claimant W was owner of an estate. By a conveyance dated July 1944 an area of 51 acres (the `restricted land`) was sold under a covenant that the land was not to be developed for building purposes except in accordance with the layout plan and at the consent of the vendor .... The council acquired the restricted land under Housing Act 1957 part V in July 1976 and in October 1984, in exercise of statutory powers started to develop part of the area. No layout plan was submitted to the claimant or his agent. The development therefore constituted a breach of covenant but was not actionable by reason of it being carried out by the council under its statutory powers. In another case Wrotham Park Settled Estates v Maclean Homes (North London) Ltd and Hertsmere BC (unreported) W sought an injunction restraining the builders but this was turned down. In November 1986 W claimed compensation for injurious affection of £307,500 calculated as a proportion of the difference be