Hampton Homes (NI) Ltd
| Jurisdiction | Northern Ireland |
| Neutral Citation | R/5/2021 |
| Court | Lands Tribunal (Northern Ireland) |
| Date | 02 November 2021 |
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964
PROPERTY (NORTHERN IRELAND) ORDER 1978
IN THE MATTER OF A REFERENCE
R/5/2021
BY
HAMPTON HOMES (NI) LIMITED – APPLICANT
Re: Lands adjacent to 1 Belmont Park, Belfast
Lands Tribunal for Northern Ireland – Henry Spence MRICS Dip.Rating IRRV (Hons)
Background
1. Hampton Homes (NI) Limited (“the applicant”) is the legal o wner of land and premises
adjacent to 1 Belmont Park, Belfast (“the reference property”).
2. The applicant has o btained planning permission, LA04/2019/1069/F, to erect a 2 storey
dwelling on the site. The reference property is, however, subject to lease impediments which
prohibit development:
i. A covenant in a deed of assignment dated 13th June 1931 not to:
“erect any buildings or erections on the piece or parcel of ground … save and
except for a greenhouse or summer house as provided for in said Indenture of
Lease”
Being a lease dated 10th May 1923.
ii. Lessee’s covenant (3) in a sub-lease dated 24th December 1992:
“Not to erect or build or permit to be erected or built on the demised premises
any building or structure whatsoever save for a boundary fence provided always
that whilst Vera Elizabeth Nevin is or remains the owner of the reversion hereof
no part of the fence on the boundary marked “ R” on the attached map shall
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