The effectiveness of covenants restricting further development of residential sites is under High Court scrutiny.
Onslow Homes plc is seeking to demolish a house at Knott Park Estate, Oxshott, Surrey, and replace it with two new houses.
However, the trustees of the local Residents Association claim that the plan would breach covenants relating to the site. The Residents Association owns estate roads, footpaths and verges.
Judge Rich QC is being asked to decide, among other things, whether the proposed development is precluded by covenants in a 1938 conveyance, including a density covenant, or other covenants contained in a 1946 conveyance.
The question of whether consent for the development has been unreasonably withheld is also being raised.
The hearing continues.
Onslow Homes plc v Rubery and others Chancery Division (Judge Rich QC) 12 July 2000.
PLS News 12/7/00
