Henderson Group
| Jurisdiction | Northern Ireland |
| Judge | Mr Spence |
| Neutral Citation | R/14/2021 |
| Date | 12 August 2022 |
| Court | Lands Tribunal (Northern Ireland) |
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/14/2021
BY
HENDERSON GROUP PROPERTY LIMITED - APPLICANT
Re: 94-100 Sunnyside Street, Belfast
Lands Tribunal for Northern Ireland – Henry Spence MRICS Dip.Rating IRRV (Hons)
Background
1. Henderson Group Property Limited (“the applicant”) is the registered owner of premises
located at 94-100 Sunnyside Street, Belfast (“the reference property”). The reference
property is held under a fee farm grant dated 31st May 1934 between Harold Vivian Coates of
the one part and Joseph McMaster of the other part. The applicant became the registered
owner of the fee farm grant on 15th July 2016.
2. The applicant had previously obtained planning permission LA04/2016/2543/F to “demolish
the existing buildings and construct two retail units, six apartments and associated access
parking, landscaping and other operational development”. The reference property is,
however, subject to impediments contained in the fee farm grant which restrict development:
“AND ALSO that he/the Grantee his heirs and assigns will not at any time hereafter
without the previous licence in writing of the Grantors use exercise or carry on or
permit to be used exercised or carried on or followed in or upon the said hereby
granted premises or any part thereof the trade or business or occupation of beershop
or tavern keeper spirit dealer or vendor of intoxicating liquors of any kind or description
under pain of forfeiture of this Grant.
AND ALSO will not carry on or suffer upon the said hereby granted premises or any part
thereof or in any buildings to be erected as aforesaid thereon any offensive trade or
business or occupation or other thing which shall or may become or grow to be a public
nuisance or a danger disturbance annoyance or grievance to the Grantors or to any
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