Whitehall Riverside - Planning Application

Restrictive Covenant application

Tribunal reference: LC 2026 000163

Restrictive Covenant application

An application under section 84 of the Law of Property Act 1925 has been made to the Upper Tribunal Lands Chamber to remove or modify restrictive covenants affecting the land referred to below. This notice provides details of the application.

The applicant is JSC Farming Limited of Glebe Farm London Road, Shardlow, Derby, Derbyshire

The applicant’s solicitors are Womble Bond Dickinson (UK) LLP of Whitehall,1 Whitehall Riverside, Leeds, Yorkshire LS1 4BN.

Tel: 0345 415 0000

DX number: 742140 Leeds 82

The applicant’s solicitors’ email address is: fiona.graham@wbd-uk.com

Details of the land
The land is situated on the north east side of Shardlow Road, Thulston, Derby and is registered at HM Land Registry under title number DY 362412

Details of the covenant
The restrictive covenant was imposed by a conveyance of the land dated 20 May1988. The document was made between Derbyshire County Council (1) and Edwick Austin Chamberlain (2).

The part of the
covenant which the applicant wants to remove or modify says this:

“2. The Purchaser hereby covenants with the Council and its successors that he the Purchaser and his successors in title will:

(a) not at any time hereafter do or permit or suffer to be done anything on the land hereby conveyed which may or become a nuisance or annoyance to the Council or to the owners or occupiers for the time being of the adjoining land

(b) …

(c) not erect on the land hereby conveyed or any part or parts thereof any buildings or structures of any description but will use the same for agricultural purposes only.”

Details of the applicant’s intentions
The applicant wants the covenant to be removed or modified so that the land can be developed for residential development and use of the land with all ancillary uses.

If you would like a copy of the application to the Tribunal please contact the applicant’s solicitors who will supply you with a copy.

Objecting to the application
If you are legally entitled to the benefit of the covenant and wish to object to the application, you should send notice of your objection to the Tribunal and also to the applicant within 1 month of the date of this notice. You can do so on Notice of Objection Form T381, which you can download from the Upper Tribunal, Lands Chamber website (https:// www.gov.uk/government/publications/form-t381-notice-ofobjection- to-a-restrictive-covenant-application) or contact: The Registrar, Upper Tribunal Lands Chamber, 5th Floor, Rolls Building, 7 Rolls Building, Fetter Lane, London EC4A 1NL (or telephone 020 7612 9710) and ask for an objection form. Professional representatives must make use of the Tribunal’s electronic filing platform, CE-File, when filing documents with the Tribunal. Further information and guidance about the operation of CE-File can be found at: HMCTS E-Filing service for citizens and professionals - GOV.UK (www.gov.uk)

You may apply for an extension if there is a good reason why you cannot send your objection in time.

Successful objectors may normally expect to have their reasonable legal costs paid by the applicant. Unsuccessful objectors will usually pay their own costs but will not normally be ordered to pay the costs of successful applicants. Only an objector who acts unreasonably may be required to pay any of the applicant’s costs. If you are unsure of your position, you should seek legal advice.

Dated: 12 May 2026

Signed: Womble Bond Dickinson (UK) LLP
Womble Bond Dickinson (UK) LLP
Whitehall ,1 Whitehall Riverside, Leeds, Yorkshire LS1 4BN.

Tel: 0345 415 0000
DX number: 742140 Leeds 82
email: fiona.graham@wbd-uk.com