Controversial plans for a “dreadful” block of flats in Sanderstead have been halted after a court would not overrule a 60-year-old deed clause.

Plans for a block of 33 flats in Barrowsfield off Limpsfield Road, Sanderstead, were given the green light by Croydon Council in January 2020.

At the time, more than 1,000 people objected to the plans from Quantum Homes.

Your Local Guardian: Quantum has submitted a planning application for the 33 flats in Barrowsfield in Sanderstead. Credit: Quantum Land and Planning Ltd.Quantum has submitted a planning application for the 33 flats in Barrowsfield in Sanderstead. Credit: Quantum Land and Planning Ltd.

Locals were concerned a five-storey building with roof garden would overlook their properties and described the proposal as looking like a “prison block”.

However, neighbours got lawyers to resist an application from the developer to overrule a restrictive covenant –  a clause in a property deed.

A four-day hearing took place at the Royal Courts of Justice in November with a decision published earlier this month.

Residents said an original covenant on the land dated back to 1908 and says only detached private houses with their outbuildings can be built on the land, but this document could not be found.

The court said it would overrule this covenant relating to Barrowsfield but could not do the same for a further dating back to 1963 and 1993.

The court was asked to modify the covenants which allowed for single homes only to be built on the site.

The published decision outlines that the developer claimed paying objectors up to £14,400 would be enough compensation to continue.

It said the developer wanted to start work on site in the next week as planning permission is set to expire on January 22.

But the decision reads: “In conclusion, we discharge the 1908 covenants across the whole of the application site.

"But we have no discretion to modify the 1963 and 1993 covenants and so far as those covenants are concerned the application fails.”

Sandersted councillor Yvette Hopley welcomed the decision.

She said: “I am absolutely delighted, the residents have worked hard I really hope that the building does not go ahead because it was a dreadful planning application.

"It is out of character with the area and a huge overdevelopment of the site in Sanderstead village.”

Quantum Homes has a month to appeal the decision made by the court.

The developer was contacted for comment.