Lands Chamber Form LPB

LP/17/2017 (aa) that unless modified the covenant would impede the use of the land for refurbishment and conversion to provide 26 new 1 and 2 bedroom flats (C3 use) and 18 new build houses including amended access, landscaping and associated works as described in planning permission reference 16/0359/10 and dated 6/1/2017 as varied, modified or supplemented from time to time; 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 modification; You may inspect the application, plan and other documents at Mannings Estate Agents, Gloucester House, 29 Whitcombe Street, Aberdare, CF44 7 AU (ref: Heidi Pennells) 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, 5th Floor, Rolls Building, 7 Rolls Buildings, Fetter Lane, London EC4A 1NL (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 Hill Dickinson LLP Dated 13 July 2017 Hill Dickinson LLP - Solicitors for the Applicant Address 50 Fountain Street Manchester M2 2AS Phone no.0161 817 7259 (e) kevin.lee@hilldickinson.com ; Helen.evans@hildickinson.com