Koyah Ltd
| Jurisdiction | Northern Ireland |
| Judge | Mr Spence |
| Judgment Date | 26 May 2022 |
| Neutral Citation | R/7/2022 |
| Court | Lands Tribunal (Northern Ireland) |
| Date | 26 May 2022 |
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/7/2022
BY
KOYAH LIMITED - APPLICANT
Re: 60 Wellington Park, Belfast
Lands Tribunal for Northern Ireland – Henry Spence MRICS Dip.Rating IRRV (Hons)
Background
1. Koyah Limited (“the applicant”) is the registered owner of premises located at 60 Wellington
Park, Belfast (“the reference property”). The reference property is held under a lease dated
24th February 1984, for a term of 10,000 years from 1 st November 1983. On 4th August 2021
the applicant became the registered owner of the reference property which is listed as folio
AN262494L.
2. The applicant has obtained planning permission, LA04/2021/0961/F, to convert the existing
guest house into 5 apartments, to include a single storey extension to the rere. The reference
property is, however, subject to lease impediments which restrict/prohibit development,
contained in clauses 2.3 and 2.4 of the lease:
“2.3 Not to erect or build or permit to be erected or built on the demised premises any
building except the dwelling house now erected thereon and the necessary and suitable
out offices in connection therewith except in accordance with plans specifications and
elevations to be previously approved by the lessor his Agent or Agent’s architect or
surveyor for the time being.
2.4 Not to use or permit the use of the said dwelling house or buildings or any other
building which may during the said term be erected on the demised premises or any
part thereof for the purposes of carrying o n any trade manufacture or business or as a
shop or hotel or for the sale of beer wine or spirituous liquors or for any other purpose
than a private residence or offices in connection therewith.”
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