Up For Sale Nos 1 to 7 Cliff Gardens
North Lincolnshire Council have applied to the Lands Chamber of the Upper Tribunal to seek discharge of the restriction under section 84 of the Law of Property Act 1925.
The application seeks the discharge of the restriction on the following grounds,
(a) that the restriction ought to be deemed obsolete;
(b) that the persons of full age and capacity entitled to the benefit of the restriction have agreed, expressly or by implication, by their acts or omissions to the discharge of the restriction;
(c) that the proposed discharge will not injure the persons entitled to the benefit of the restriction.
The removal of this restriction would potentially increase its market value as well as making the land more attractive to any potential buyers who could then seek to build multiple properties on the site.
The houses themselves were built in 1903 as a pair of large semi-detached houses by the Frodingham Iron and Steel Company for their managers. At the time they would have been in a pleasant rural setting, away from the activity of the steelworks. In the 1960s they where bought by Scunthorpe Borough Council and used as education offices.
It would be a shame to lose more period property and, more so, buildings that reflect the towns growth and heritage as Scunthorpe and the steel industry grew during those early years.
Anyone wishing to object to the removal of the covenant has until the 7th April 2011.
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