Great Jackson St Estates Ltd (appellant) v The Council of the City of Manchester (respondent)
Wednesday 30 April 2025
By Appellant’s Notice issued on 9 February 2024, the Appellant Great Jackson Street Estates Limited, appeals the decision of the Upper Tribunal (Lands Chamber).
The appellant is a developer who holds the lease for the property in question, which consists of two warehouses that are currently vacant. The respondent (objector below), the Council of the City of Manchester (“The Council”) holds the freehold of those properties.
The wider area in which the properties are situated has been the subject of development under the auspices of a development plan. A number of other developers in the same area have liaised with the council to undertake similar developments as that proposed by the appellant, namely the building of and change of use to residential and some commercial properties. There were a number of problems faced by the appellant, one of which being restrictive covenants on the property, which the applicant sought to vary/discharge under s.84 Law of Property Act 1925.
The application was made on three grounds – obsolescence, limited benefit and no injury to the council. The Tribunal rejected all three in its decision dated 8 August 2023.
The applicant therefore appeals against the decision to refuse modification on the limited benefit ground in s.84(1)(aa) only, as well as the costs decision that flowed from the UT’s decision.
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