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Restrictive Covenant Application - Publicity Notice

Notice ID:

Notice effective from
23rd February 2012, 00:00 to 24th March 2012, 00:00

Her Majesty's Couyrts and Tribunals Service - Lands Chamber LP/20/2011

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 Cheney Manor Industrial Estate, Swindon under title number WT137058.

The Applicant is Clearwater Properties Limited of 1st floor offices, Wimberley Park, Knapp Lane, Brimscombe, Stroud, Gloucestershire, GL5 2TH.

The covenant contained in a conveyance dated 1st March 1962 made between The Mayor Aldermen and Burgesses of the Borough of Swindon (1) and The Plessey Company Limited (2) in respect of which the application is made contains the following restrictions:

The Purchaser so as to bind so far as may be the premises hereby conveyed into whosoever hands the same may come and TO THE INTENT that the covenants contained in subclauses (a) (c) (d) (I) (h) (i) and (j) of this clause shall be for the benefit and protection of the land forming the Corporation’s Industrial Estate at Cheney Manor Swindon aforesaid or any part or parts thereof but so that the benefit of the covenants contained in sub-clauses (b) (e) (g) (k) (I) and (in) hereof shall remain vested in the Corporation and shall not run with the land of the Corporation or be assigned by the Corporation to the Purchaser of any neighbouring or adjoining property HEREBY COVENANTS with the Corporation that the Purchaser and those deriving title under it will at all times hereafter observe and perform the following restrictions and stipulations:-

(a) not at any time during the said term to place or store for more than twenty-one days any materials or things upon any part of the premises which may not for the time being be covered by buildings without the prior written consent of the Corporation

(b) not at any time to build construct or place or permit or suffer to be built constructed or placed any new or additional building or erections or work on the premises or any part thereof or to make any alteration or addition to the premises or change the existing design or appearance of the decorative scheme of the premises (all of which are referred to in this sub-clause as ‘new works’) except with the prior written approval of the Corporation (which shall not be unreasonable withheld) and in accordance with plans elevations sections site plans and specifications which have first been approved in writing by the Corporation and the Corporation may as a condition of any approval given as aforesaid make such stipulations as it shall deem necessary regarding the provision by the Purchaser vehicle parking facilities on the premises

(d) not at any time during the term to use or permit or suffer to be used the premises or any part thereof for any purpose other than light industrial purposes in which the processes carried out on or the machinery used are such as can be carried on or used without detriment to the amenity of the area by reason of noise vibration smell fumes smoke soot ash dust or grit

(k) not to supply gas electricity water or heating to any other tenant or occupier of land comprised within the Corporation’s Industrial Estate situate at Cheney Manor Swindon aforesaid

A. The application seeks the discharge of the restrictions on the following grounds: (a) that the restrictions ought to be deemed obsolete; (aa) that unless discharged the covenant would impede the use of the land as a storage facility in accordance with other uses across the estate; 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; (b) that the persons of full age and capacity entitled to the benefit of the restriction have agreed, expressly or by implication, by their acts or omissions to the discharge of the restriction; (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 Anchor Self Storage, Anchor Business Centre, Clearwater Business Park, Frankland Road, Blagrove, Swindon, SN5 8YZ 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, 45 Bedford Square, London WC1B 3DN (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 Charles Russell Dated 23rd February 2012 Status: Applicant’s Solicitor Address: Charles Russell LLP, Compass House, Lypiatt Road, Cheltenham, Gloucestershire, GL50 2QJ. Phone no. 01242 221122 Fax no. 01242 246394 Her Majesty’s Courts and Tribunals Service Upper Tribunal Lands Chamber LP/20/2011


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