Hailed as a victory for
property developers, the somewhat unusual case of Derreb Ltd v Blackheath Cator Estate Residents Ltd [2017],
in which a developer successfully argued for a restrictive covenant to be
modified, thereby allowing its proposed development of a private estate to
proceed, offers a useful insight into the types of conditions which the Upper
Tribunal can impose to satisfy the objectors concerns.
During this bite-size
session, lecturer and barrister Rachel Coyle of 36 Civil (The 36 Group) will examine
the case of Derreb
Ltd v Blackheath Cator Estate Residents Ltd [2017] and will answer the
following questions:
·
What are the facts? What are the principles?
·
How does section 84(1)(c) interact, if at all, with
section 84(1A)?
·
What did the Tribunal decide in relation to ground (a)
and/or (aa)?
·
Did the Tribunal set out restrictions? If so, what
were they?
In addition, Rachel will ensure that viewers are fully acquainted with the
following:
·
Driscoll v Church Commissioners
for England [1957]
1QB 330
·
Re Greaves (1965)17
P&CR 57.
·
Section 84 Law of Property Act 1925
o
84(1)(c)
o 84(1A)