Articles

  • September 2017
    "Deadlock Holiday" (with apologies to 10cc)


    A recent Court of Appeal illustrated the difficulties facing the owner of a holiday bungalow on a development estate, seeking to use it for his full-time home. 

    In the case of Roland Stafford-~Flowers –v- Linstone Chine Management Co. Ltd. the bungalow owner had in fact been living in the holiday bungalow as his  home for over 10 years.   There was in existence a planning restriction against such occupation imposed by the Local Planning Authority and the owners’ occupation was in breach of planning control.   However because the breach had been going on for over 10 years there could not be any enforcement action taken because of a limitation period against such proceedings after 10 years of breach.   The owner obtained a Certificate of Existing Lawful Use and no further breach of Planning Control could be enforced. 

    The other side of the coin was that the ownership documentation to the owner contained a restrictive covenant mirroring the planning condition that the bungalow could only be used for holiday use. 

    Emboldened by the Certificate of Existing Lawful Use the owner applied to the Upper Tribunal to have the restrictive covenant removed under the provisions of Section 84 of the Law of Property Act 1925.   Amongst other grounds for removing a restrictive covenant are that the continued existence of the restriction would impede some reasonable use of the land for public or private purposes or that the proposed discharge of the covenant would not injure the persons entitled to the benefit of the restriction.

    The Upper Tribunal considered that the owner of the holiday home had failed to satisfy the requirements of the 1925 Act.   The Management Company in charge of the holiday bungalow site raised a number of arguments including that the removal of the covenant would be the “thin end of the wedge” and would lead to the integrity of the original holiday development scheme being threatened.   This would be to the detriment of the other bungalow owners who had not breached the covenant, or indeed planning law.   There was also evidence that the existing roads on the estate were inadequate for the increased use that would result from the presence of significantly more permanent residents.   The Upper Tribunal therefore rejected the owner’s application to remove the restriction and the Court of Appeal agreed with the Upper Tribunal’s decision.   The owner may have won the planning argument but lost the restrictive covenant battle and the restriction could still be enforced.   

    For further details please contact Paul Stevens on 01473 255591 or email paul.stevens@jackamans.co.uk.

     

    This article provides only a general summary and is not intended to be comprehensive.  Special legal advice should be taken in any individual situation.

     

    back to articles...
Like most websites...
...Jackamans uses cookies in order to deliver a personalised, responsive service and to improve the site, we remember and store information about how you use it. This is done using simple text files called cookies which sit on your computer. These cookies are completely safe and secure and will never contain any sensitive information. They are used only by Jackamans and will not be shared with anyone else.
Read our cookies policy

how we use your information

This privacy notice tells you what to expect when Jackamans collects personal information.

visitors to our websites

When someone visits a www.jackamans.co.uk we collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. We collect this information in a way which does not identify anyone. We do not make any attempt to find out the identities of those visiting our website. We will not associate any data gathered from this site with any personally identifying information from any source. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

use of cookies by Jackamans

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

the cookies we use

acceptance Cookie

When you accept cookies from our site we write a cookie called jm_c_opt_in to your machine. This stores your acceptance so that when you return to our site in the future you will not have to accept cookies again.

system cookies

A set of system cookies are used to store information allowing functionality. These include data relating to a users membership, such as log-in details, if the user has signed up to any memberships on the site.

Google analytics

We store analytics cookies on your computer as soon as you visit this site. We need to do this to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where vistors have come to the site from and the pages they visited. These cookies are listed below:

_utma

_utmb

_utmc

_utmz

To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

cookie control

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.