EWLands LP_51_2003 (16 December 2004)
LANDS TRIBUNAL ACT 1949
RESTRICTIVE COVENANTS – discharge – house – restriction on use to private dwellinghouse or learned or artistic profession – whether restriction obsolete – Law of Property Act 1925, s84(1)(a).
IN THE MATTER OF AN APPLICATION UNDER SECTION 84 OF THE
LAW OF PROPERTY ACT 1925
MRS GILLIAN MARY BROMLEY
54 Bolsover Road
Before: N J Rose FRICS
Sitting at Procession House, 110 New Bridge Street, London EC4V 6JL
on 23 and 24 November 2004
The following case is referred to in this decision:
Truman, Hanbury, Buxton and Co Ltd's Application  1 QB 261
The following cases, although not referred to, were also cited:
University of Westminster's Application  1 EGLR 191
Diggens and Others' Application LP/27/1999, unreported.
Stuart Wright, instructed by Green Wright Chalton Annis, Solicitors of Worthing for the Applicant
Jonathan Gavaghan, instructed by Stephen Rimmer & Co, Solicitors of Eastbourne for the Objectors
"4. Not to … permit any dwellinghouse thereon to be used for any purpose other than as a private dwellinghouse or for the carrying on of a learned or artistic profession.
5. Not to erect or permit to be erected on the property any advertisement or hoarding …
not to do or permit to be done upon the property anything which shall or may be or become a nuisance damage annoyance or disturbance to the vendors or the owners or occupiers of any land or dwellinghouse in the neighbourhood."
"Extensions, alterations and change of use of part of the ground floor to a day nursery for up to 24 children aged 2-8 years operating between the hours of 7.30 am to 6.15 pm Mondays to Fridays inclusive".
Scope of the application
"save that nothing in this clause shall restrict the reasonable operation of a pre-school nursery."
"that by reason of changes in the character of the property or the neighbourhood or other circumstances of the case which the Lands Tribunal may deem material, the restriction ought to be deemed obsolete".
Dated: 16 December 2004
N J Rose FRICS
Addendum on Costs
Dated: 9 February 2005
N J Rose FRICS