Upper Tribunal Lands Chamber
Case No. UKUT-0172-(LC)-UTLC-Case-Number:-LC-2020-33
Fecha: 01-Jun-2022
jurisdiction
is made out under ground (aa) for me to modify the building restriction, which impedes a reasonable use of the Property and does not secure to the persons entitled to the benefit of it practical benefits of substantial value or advantage. But this is only the first step in my determination.52. In Alexander Devine Children's Cancer Trust (Respondent) v Housing Solutions Ltd (Appellant) [2020] UKSC 45, the Supreme Court confirmed that while an applicant may be able to make out one of the grounds of section 84(1) it is then necessary for the Tribunal to decide whether it should exercise its
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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