Greenwich Healthcare NHS Trust v London and Quadrant Housing Trust and others
Greenwich Healthcare NHS Trust v London and Quadrant Housing Trust and others
- 1998
- Weekly Law Reports [1998] 1 WLR 11 December 1998, 1749-1757(9) .
ChD 22 May 1998. The plaintiff G had acquired land where planning permission to build a hospital had been granted on condition that a new link road and junction be completed before the opening. In order to comply with the conditions they needed to realign a road which all but one of the defendants had right of way. The defendants had been given notice of the proposed development but none had objected to it. Because of concern that at some future date the defendants might object to the realignment, or to the changed use of land, the plaintiff applied for declarations that it was entitled to realign the right of way and the defendants were not entitled to an injunction to restrain the proposed realignment and that their rights were limited to an award of damages in respect of interference or a claim of compensation in respect for any breach of the restrictive covenant. Held.
GREENWICH HEALTHCARE NHS TRUST V LONDON AND QUADRANT HOUSING TRUST
PUBLIC HIGHWAY
REALIGNMENT
RESTRICTIVE COVENANT
RIGHT OF WAY
ChD 22 May 1998. The plaintiff G had acquired land where planning permission to build a hospital had been granted on condition that a new link road and junction be completed before the opening. In order to comply with the conditions they needed to realign a road which all but one of the defendants had right of way. The defendants had been given notice of the proposed development but none had objected to it. Because of concern that at some future date the defendants might object to the realignment, or to the changed use of land, the plaintiff applied for declarations that it was entitled to realign the right of way and the defendants were not entitled to an injunction to restrain the proposed realignment and that their rights were limited to an award of damages in respect of interference or a claim of compensation in respect for any breach of the restrictive covenant. Held.
GREENWICH HEALTHCARE NHS TRUST V LONDON AND QUADRANT HOUSING TRUST
PUBLIC HIGHWAY
REALIGNMENT
RESTRICTIVE COVENANT
RIGHT OF WAY