Topic: | Covenants? | |
Posted by: | Victor Mishiku | |
Date/Time: | 19/04/15 10:16:00 |
I wonder if there are some covenants applicable on the land of the Friary Park Estate owned by Catalyst? If so, and even if they have been breached before, the skyscrapers, shops, etc would be a fresh breach and possibly actionable if the covenants are for the legal benefit of neighbouring properties such as those in "The Drive" not owned by Catalyst (I believe, formerly Ealing Family Housing Association Limited) and if the new development would be a new departure from them. Residents on the "Elms Estate, Ealing & Acton" obtained a High Court Injunction against EFHA Ltd in May 1991 in respect of a detached Victorian dwellinghouse at 18 Freeland Road, Ealing Common. This followed a Lands Tribunal Hearing where there were 114 objectors (owners of houses in about 5 or 6 roads on the same Estate). The freehold covenant imposed in 1915 prevented use of the properties as "institutions" or for anything that may cause an "annoyance". The developers (EFHA) wanted to set up an ex-prisoners hostel for about 14 ex-offenders or persons under Home Office orders. The term "annoyance" in covenant law can include: Loss of Views, Loss of Sunlight to plants or a doorway caused by a high fence, The apprehension over the use of a property, etc. At the current CPO Hearing at Ealing Town Hall over the attempt by Ealing Council and Land Securities to usurp the owners of the Cinema as landowners, the Government Inspector has already questioned some of the opinions of Ealing's planning and property experts and their distinguished architecural adviser! |