44E   Provisions applicable to special purpose lease over land subject to general purpose lease

(1)  The following provisions apply to a special purpose lease over land the subject of a general purpose lease, regardless of the order in which those leases were granted:

(a)  the special purpose lease is (or remains) a lease even though it does not confer (or no longer confers) exclusive possession on the lessee under that lease,

(b)  the special purpose lease is taken to include a condition prohibiting the lessee under that lease from exercising any of the rights conferred by that lease over any part of the land held under the general purpose lease:

(i)  on which, or within 200 metres of which, is situated any dwelling-house, or

(ii)  on which, or within 50 metres of which, is situated any garden, or

(iii)  on which is situated any significant improvement,

      except with the written consent of the lessee under the general purpose lease,

(c)  the special purpose lease is taken to include a further condition prohibiting the lessee under that lease from unreasonably withholding any consent referred to in section 44D (1) (c).

(2)  A written consent given for the purposes of subsection (1) (b) by the lessee under a general purpose lease is irrevocable and binds each successor in title to the land the subject of that lease.

(3)  The provisions of subsection (1) (b) (i) and (ii) do not prevent the lessee under the special purpose lease from travelling along any road or track that is within 200 metres or 50 metres, respectively, of a dwelling-house or garden referred to in those subparagraphs.

(4)  A special purpose lease over land the subject of a general purpose lease may include conditions agreed to between each of the lessees under those leases.

(5)  Any sublease of a special purpose lease is taken to include the conditions that, pursuant to this section, are included, or taken to be included, in the special purpose lease.

(6)  Any condition of the kind referred to in subsection (4):

(a)  that is included in a special purpose lease over land the subject of a general purpose lease, or

(b)  that, pursuant to subsection (5), is taken to be included in a sublease of a special purpose lease over land the subject of a general purpose lease,

      is enforceable, as between the lessees and sublessees for the time being under those leases, as if it were contained in a deed entered into between them.

(7)  This section applies to a special purpose lease, and any sublease of that lease, only for so long as the land over which it is granted remains subject to a general purpose lease.