THE UPPER TRIBUNAL (LANDS CHAMBER) LP/18/2015Notice ID:
THE UPPER TRIBUNAL (LANDS CHAMBER) LP/18/2015 Restrictive Covenant Application: Publicity notice
Take notice that an application under section 84 of the Law of Property Act 1925 to discharge 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 to land at Aclet Hotel, Brooklands, Bishop Auckland. The applicant is James Hall and Company (Property) Limited of Hoghton Chambers, Hoghton Street, Southport, PR9 OTB
The covenant contained in a conveyance of the land in title number DU 165750 dated 19th April 1966 made between the Urban District Council of Bishop Auckland (1) and J.W. Cameron & Co. Limited (2) in respect of which the application is made contains the following restriction:
"Except with the consent of the Council not to use or permit to be used the property or any part thereof or any building thereon for the purpose of any shop trade business or profession or manufactory nor to use any building for the time being erected on the property for any purpose other than for carrying on of the business of Hotelier and license victualler".
The application seeks the discharge of the restriction on the following grounds (aa) that unless discharged the covenant would impede the use of the land as a convenience store; that such use is a reasonable use; that in impeding that use the restriction does not secure to the persons entitled to the benefit of it any practical benefits of substantial value or advantage; 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 (c) that the proposed discharge will not injure the persons entitled to the benefit of the restriction.
You may inspect the application, plan and other documents at Hunters Estate Agents, 115 Newgate St, Bishop Auckland DL14 7EN 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 EC4A 1NL (or telephone 020 7612 9710) and ask for a form of objection (Form LPD). 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 ^riWjfhf-, Date: 4th November 2015
Status: Applicant's Solicitor
Shoosmiths LLP, HQ Building, 4th Floor, 2 Atherton Street, Manchester M33GS Ref: KB - M-00419840 / Telephone 0161 954 5893 / Fax 01619545601