ChD 3 February 1993. The plaintiffs (S) were the freeholders of 1.5 acres of land. The conveyance of 1950 had been subject to various restrictive covenants which included one that stating that not more than one house could be built per acre. B were treated as entitled to the benefit of the covenant. In 1981 S decided to discontinue the property`s current use and sell the house and land. Outline planning permission was obtained for the erection of 10 detached two storey houses. Following B`s claim to the benefit of the restricted covenants S passed a resolution that pursuant to Local Government Act 1972 s122 the house should be `appropriated from social services to planning purposes`. S hoped this would mean they benefited from Town and Country Planning Act 1971 s127 which provides for the overriding of easements and other rights on land which have been appropiated by a local authority for planning purposes. B contended that S had to show they had acquired the land for some purpose co