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HM Courts & Tribunals Service
Planning

The Upper Tribunal (Lands Chamber)

Notice ID: WOR2128188

Notice effective from
30th June 2021 to 30th July 2021

Case number LC-2021/000260
HM Courts & Tribunals Service
The Upper Tribunal (Lands Chamber)
Application to remove or modify a restrictive covenant affecting land.
Take notice that an application under section 84 of the Law of Property Act 1925 to discharge or modify a restrictive covenant affecting the land referred to below has been made to the Tribunal. If you are legally entitled to the benefit of the covenant and you wish to object to the application, you should object within 1 month of the date of this notice.
The application relates 26 to 78 (even), Beverley Court, Cedar Drive, Ascot, SL5 OUB. The Applicant is Cyntra Properties Limited of Permanent House, 133 Hammersmith Rd, London W14 OQL
The covenant contained in a deed dated 18 April 1977 made between (1) The Master, Fellows and Scholars of the College of St John the Evangelist, University of Cambridge and (2) Donalex (Properties) Ltd in respect of which the application is made contains the following restriction:
"... not to erect or cause or permit to be erected on the said property or allow to remain or stand thereon more than sixty-three dwellings of which not more than twenty-seven shall be flats and the remainder shall be houses'.
The application seeks the discharge of the restriction so as to permit that (1) an additional storey to be built at 24 to 54 (even) Beverley Court to provide 5 new flats and (2) an additional storey to be built at 56 to 78 (even) Beverley Court to provide 4 new flats (together
the Proposed Development"). Discharge is sought on the following grounds:
? that unless discharged the covenant would impede the Proposed Development; that such use is a reasonable use; that in impeding the Proposed Development the restriction does not secure to the persons entitled to the benefit

of it any practical benefits of substantial value or advantage; that in impeding the Proposed Development the restriction is contrary to the public interest; and that money will be an adequate compensation for the loss or disadvantage (if any) which any such person will suffer from the discharge; and
? that the proposed discharge will not injure the persons entitled to the benefit of the restriction.

Alternatively, the application seeks the modification of the restriction of the restriction so as to permit that (1) an additional storey to be built at 24 to 54 (even) Beverley Court to provide 5 new flats and (2) an additional story to be built at 56 to 78 (even) Beverley Court to provide 4 new flats(together the Proposed Development"). Modification is sought on the following grounds:
? that unless modified the covenant would impede the Proposed Development; that such use is a reasonable use; that in impeding the Proposed Development the restriction does not secure to the persons entitled to the benefit

of it any practical benefits of substantial value or advantage; that in impeding the Proposed Development the restriction is contrary to the public interest; and that money will be an adequate compensation for the loss or disadvantage (if any) which any such person will suffer from the modification; and
? that the proposed modification will not injure the persons entitled to the benefit of the restriction.

You may inspect the application, plan and other documents at the offices of Applicant's solicitors, IBB Law LLP, Capital Court, 30 Windsor Street, Uxbridge, Middlesex UB8 1AB during office working hours. A copying charge may be payable if copies are required. If you are a person legally entitled to the benefit of the restrictive covenant and you wish to object to the application, you may download a Notice of Objection form from the Lands Chamber website or contact The Registrar, Lands Chamber 5th Floor, Rolls Building, 7 Rolls Building, Fetter Lane, London EC4A1NL (or telephone 020 7612 9710) and ask for a form of objection (Form T 381). The form should be completed and signed and sent to the Tribunal and to the applicant(s) or, if they are represented, their solicitors within 1 month of the date of this notice. You may apply for an extension of this time period.
Persons who file objections become parties to the case, and, provided they are entitled to object, they may appear at the hearing of the application, if there is one. Objecting to an application is the assertion of a property right. The Applicant will be asked whether it accepts that the person giving notice of objection is entitled to the benefit of the restriction of which discharge or modification is sought. If it does not accept this, it will be for the Tribunal to determine whether or not the objector appears to be so entitled and should therefore be admitted to oppose the application. If such a determination has to be made the general rule is that the unsuccessful party will pay the costs of the party in whose favour the determination is made.
Regarding the application to discharge or modify a restrictive covenant, when there is a person or people entitled to its benefit the applicant is seeking to have a property right removed from them. For this reason, successful objectors may normally expect to have their legal costs paid by the unsuccessful applicant. Likewise, although they will usually pay their own costs, unsuccessful objectors will not normally be ordered to pay the costs of successful applicants. Only an objector who acts unreasonably may be required to pay some or all of the applicant s costs.
The applicant may rely on a lack of objections, or a failure on the part of any particular person to object, in support of the application.
If you are unsure of your position you should seek legal advice.
Signed
IBB Umj
Umj
Status: Applicant's solicitors
Address
IBB Law LLP
Capital Court, 30 Windsor Street, Uxbridge, Middlesex UB8 1AB Telephone 08456381381 Email

andrew.olins@ibblaw.co.uk


10 June 2021

Attachments

WOR2128188.pdf Download

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