header-logo header-logo

09 November 2020
Issue: 7910 / Categories: Legal News , Property , Landlord&tenant
printer mail-detail

Land rights & the public interest

The Supreme Court has clarified the meaning of ‘public interest’ in a case where a housing company built on land adjoining a children’s hospice, in breach of restrictive covenants

In Alexander Devine Children’s Cancer Trust v Housing Solutions and Millgate Developments [2020] UKSC 45, the Court considered the correct approach to the ‘public interest’ requirement on an application for the modification or discharge of restrictive covenants under s 84 of the Law of Property Act 1925.

The case is the first concerning s 84 to reach the highest court.

Alexander Devine, which is based near Maidenhead, provides support to families of children with life-limiting and life-threatening conditions. Housing Solutions’ predecessor in title built 13 houses on land next to the hospice, some overlooking its planned garden and wheelchair walk, and made the s 84 application once the units were completed.

The Court unanimously dismissed Housing Solutions’ appeal.

Lord Burrows, giving the lead judgment, agreed that a narrow interpretation should be given to the meaning of ‘contrary to the public interest’, one of the justifications for modifying a restrictive covenant.

“Once one appreciates that the relevant wording requires a narrow enquiry and does not involve asking the wide question of whether in all the circumstances it is contrary to the public interest to maintain the restrictive covenant, it is clear that the good or bad conduct of the applicant is irrelevant at this jurisdictional stage,” he said.

Nevertheless, the ‘cynical breach’ by the house builder was ‘a highly relevant consideration when it comes to the discretionary stage of the decision’. Therefore, there was no error in law, he concluded.

Paul Greatholder, partner at Russell-Cooke, acting for Alexander Devine, said: ‘This ruling sends out a strong message to developers that even where they have planning permission for a development they must have regard to, and respect for, neighbouring owners’ legal rights.’

Issue: 7910 / Categories: Legal News , Property , Landlord&tenant
printer mail-details

MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
back-to-top-scroll