“For the benefit of the Estate known as the Roe Lane Farm Housing Estate belonging to the Vendors or the part thereof for the time remaining unsold and every part thereof and so as to bind the land hereby conveyed the Purchasers hereby covenant with the Vendors that the Purchasers and the persons deriving title under them will henceforth at all times hereafter observe and perform all and singular the following restrictions and stipulations:- (1) No buildings other than Schools as defined by theEducation Act 1944 or any statutory modification or re-enactment thereof for the time being in force with appurtenant out offices thereto shall be erected on the said plot of land and no trade or business shall be carried on thereon (2) No building shall be erected on the said plot of land until the plans drawings elevations sections and specifications thereof have been approved by the Vendors and the necessary planning permissions have been obtained Provided Always that the Vendors shall not unreasonably withhold such approval in respect of plans drawings elevations sections and specifications approved by the Minister of Education (3) Not to do or permit to be done on the said plot of land or on any building to be erected thereon any act which may be or become a nuisance or damage to the Vendors their successors in title or assigns owner or owners for the time being of the adjoining or 5 neighbouring lands or property or its or their tenants Provided Always that the use of the said land and any buildings to be erected thereon as a School as hereinbefore defined shall not be deemed a breach of this covenant”
“(a) releases the County Council (and its successors in title to the Roe Lane Site) from the Covenants (in so far as the Covenants are still subsisting and capable of being enforced and are applicable to the Roe Lane Site) to the extent necessary to permit the construction and subsequent use of the Roe Lane Site for residential purposes or for such other use or uses for which planning permission may from time to time be in force, but not further; (b) agrees and confirms that the restrictive covenant in sub-clause 2(3) of the 1958 Conveyance shall henceforth be varied so that any use of the Roe Lane Site in accordance with the Covenants (as varied by sub-clause (a) of this clause) shall not constitute a breach of the covenant in sub-clause 2(3) of the 1958 Conveyance.”
“the site is in a sustainable location where the broad principle of new and replacement housing is acceptable. The adverse impacts of the development do not outweigh the key benefits of this sustainable development. Accordingly permission should be granted provided the contributions and affordable housing indicated in the recommendation are secured.”
“I consider that in order to secure a practical benefit for the purposes of subsection 1(A) the restriction must itself in consequence of its wording and effect be capable of providing a benefit. It may well be a desirable objective of the local authority to make off-street parking available. I have no doubt that this was the intention of the local authority in imposing the restriction on sale. It is clear that the applicant has so far offered off-street parking to those who wish to use the application site, and that a diminishing number of residents in the locality have chosen to make use of the facility. It is equally clear that the applicant could cease to use the land for this purpose at any time and would not thereby be in breach of covenant. It follows, as was submitted, that such practical benefit as there may be in providing off-street parking is not a benefit which is secured by the restriction. I am satisfied, therefore, that in impeding the proposed user of the application site the restriction does not secure to persons entitled to the benefit of it any practical benefit.”