000 01477cab a2200193 4500
001 ABS37515
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u5044
041 _aeng
245 _aRe Martin`s Application
260 _c1987
350 _a0
490 _aProperty and Compensation Reports
_v(1987) 53 PCR 146-154(9)
520 _aLT 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
650 _aTOWN AND COUNTRY PLANNING ACT 1971 S52
690 _aLAND-CASE LAW
942 _n0
948 _c04/03/1997
999 _c3030
_d3030