The Claimant is a fund management company which has, since 19 December 2017, been the registered proprietor of land off Sugar Street, Rushton Spencer, Macclesfield, SK11 0SN.
The Claimant had initially funded a developer that had acquired the Site from the freehold owner of Ivy House, Rushton Spencer for the purpose of developing the Site by the refurbishment of the existing Ivy House, and the construction of 9 new dwellings thereon. Upon the failure of this developer, the Claimant took a transfer of the Site, and is now in the course of carrying on the development of the Site itself.
The Defendant is a company limited by guarantee and registered as a charity for purposes including preserving, protecting, operating and managing inland waterways in England & Wales for public benefit.
The Defendant is the freehold owner of land immediately to the south west of the site ("the Feeder Land"), which forms part of banks and course of the River Dane Feeder Canal ("The Feeder"). It is successor to the British Waterway Board.