Upper Tribunal Lands Chamber
Case No. UKUT-0172-(LC)-UTLC-Case-Number:-LC-2020-33
Fecha: 01-Jun-2022
Ground (a): Are the restrictions obsolete?
30. Ms Francis submitted that changes in the character of the neighbourhood are about to happen as a result of planning consent recently granted for additional floors to be constructed above the three storey blocks of flats in Beechcroft Manor. However, I was shown no evidence of this consent, nor evidence of any other changes in the character of the Property or the neighbourhood, nor any other material circumstances to suggest that the restrictions ought to be deemed obsolete. Ground (a) cannot therefore be satisfied.
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- Introduction
- The factual background
- The legal background
- Evidence for the applicant
- Ground (a): Are the restrictions obsolete?
- substantial
- Ground (c): Will the proposed modification cause injury to persons entitled to the benefit of the restrictions
- Determination
- jurisdiction
- discretion
- Right of appeal