000			01993cad a22002415a 4500
001			L143870
008			080604e20080415xxk f v 000 0 eng d
035			_a(Sirsi) u143870
041	0		_aeng
050	0	4	_a346.41043 $2 18
245	0	0	_aIn the matter of an application under section 84 of the Law of Property Act 1925 _bCrowe and Heaton _h[electronic resource]
260			_aLondon _bLands Tribunal _c2008
520			_aLP/34/2006, 15 April 2008. Considered whether it was permissible to alter a restrictive covenant, and whether objectors and beneficiaries of the covenant were entitled to any payment in compensation. The applicants (C) applied for an alteration to a covenant preventing them from erecting a wooden shed in the grounds of their property. The objectors (M) were occupants of the neighbouring property, previous owners of C's property, and beneficiaries of the covenant. A shed was already in existence on the site, which C proposed to remove in order to build the new shed at a new location. Plans also referred to a concrete structure on the site of the new shed which had since been removed. C argued that the building of a shed was fair use of the property under the General Permitted Development Order 1995, and that the covenant was effectively obsolete. "Held": The covenant was not obsolete. However C's argument of fair use was acceptable, and the covenant could legitimately be modified. No injury was foreseen to M, who had only limited view of the shed from their property. The matter of material compensation therefore did not arise. Application permitted.
521	2		_aAdvanced
590			_aKA
650	2	4	_aCROWE AND HEATON
650	2	4	_aLAW OF PROPERTY ACT 1925 S84
650	2	4	_aGENERAL PERMITTED DEVELOPMENT ORDER 1995
651		4	_aEngland and Wales _y1543-
690			_aBlock management _96220
856	4	0	_uhttps://www.landstribunal.gov.uk/Aspx/view.aspx?id=510 _zView the judgment free of charge at www.landstribunal.gov.uk...
942			_n0
999			_c108298 _d108298