Historic Houses Up For Sale

28 March 2011 by Hamst

The sale of two large buildings in the centre of Scunthorpe could, ultimately, see their demolition and the land redeveloped resulting in a more concentrated residential development. The two council owned properties on Cliff Gardens have been put up for sale as staff that work there are to be moved to Church Square House by August this year. However a covenant was made on the land dated 24th March 1903 by the then owners, the Church of England. It restricts the purchasers under a number of conditions, one of which is that no more than four dwelling houses can be built on the land. 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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[-]Comments hidden, click to expand. (1|0) By Jinx 1 year ago (1|0)Rated: Great!
They are trying to get as much money for the land as they can by taking off this covenant and will sell to any developer who will have no regard for the heritage or greenspace in this area - the Council have successfully engaged local residents in a legal confrontation without any prior consultation and with no assurances about what is going to happen to the land - who do the council work for again?

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[-]Comments hidden, click to expand. (1|0) By Thoades 1 year ago (1|0)Rated: Great!
Hi Jinx, Thanks for your comments. It would be a real shame to see property such as this being demolished, while its not clear to me that's the intention at the moment, then like you say its a real potential threat as it would allow the council to get the maximum value for the land. Sadly this same pattern has happened time and again in Scunthorpe which because its such a modern town has relatively few buildings with any real character. Is there a local residents association or any group protesting or challenging this? If you have any details please share them here, or in private to Editors@VisitScunthorpe.Com Cheers

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[-]Comments hidden, click to expand. (1|0) By Thoades 1 year ago (1|0)Rated: Great!
We've had some comments from local residents in that area, while they are keen to share, they do want to remain anonymous so I'm pasting their email to the Editors@VisitScunthorpe.Com address below. any one else wish to leave a comment this way, please feel free to do so, we'll post all information as you send it in unless we deem it to be slanderous in any way:
Some of the residents up Cliff Gardens have been sent the notice (The same as the one on the fence of 1-7 Cliff Gardens) as they are seen to possible be legal beneficiaries to the covenant. As there are no plans for whats going on the land there are lots of rumours circulating as to what will be developed on the land, some of these people who received notices have sent in objections to the Upper Land Tribunal - we were given 4 weeks to object. Some of us have been helping others who are unsure of how to deal with it. We are resentful that we have seemingly been dragged into a legal dispute before any consultation was carried out. This morning some of us received letters from the council saying we now have 2 weeks to prove we are legally entitled to object. We have been told by [source deleted by admin] that the intention is to knock down the buildings and lift the restrictions of the covenant.

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