McGovern
| Jurisdiction | Northern Ireland |
| Judge | Mr Spence |
| Neutral Citation | R/3/2022 |
| Court | Lands Tribunal (Northern Ireland) |
| Date | 14 October 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/3/2022
BY
DARREN McGOVERN & KATE McGOVERN - APPLICANTS
Re: 50 Old Newry Road, Banbridge, Co Down
Lands Tribunal for Northern Ireland – Henry Spence MRICS Dip.Rating IRRV (Hons)
Background
1. Darren McGovern and Kate McGovern (“the applicants”) are the registered owners of the
leasehold estate of premises located at 50 Old Newry Road, Banbridge (“the reference
property”). The lease commenced on 13th April 1964 and the applicants became the
registered owners on 11th August 2021.
2. The applicants have obtained planning permission, LA08/2022/0549/F, for the “erection o f a
replacement dwelling, integral garage and associated site works”. The lease, however,
contains a covenant: “Not during the said term to erect on any part of the determined
premises any buildings or erection without the consent in writing of the lessor”.
3. The applicants now seek modification or extinguishment of the impediment to allow for
development in accordance with the planning permission.
Procedural Matters
4. The applicants were represented by Mr Paul Ferris of Ferris & Co, solicitors. Mr Ferris has
detailed his attempts to contact any possible beneficiaries of the restrictive covenant, but to
no avail. The Tribunal is satisfied that all reasonable attempts have been made.
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