![[2023] UKUT 00196 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png){kind=logo}
Ground (aa) and the conditions to be fulfilled under s.84 (1A)
Ground (aa) and the conditions to be fulfilled under s.84(1A)
Are the proposed uses reasonable and does the restriction impede those uses?
It is accepted by the applicants that implementation of their proposed extension and loft conversion is impeded by the restriction.
The fact that the Council has granted certificates of lawfulness for the ground floor extension and the loft conversion, both of which fall within nationally defined parameters of permitted development, is strong evidence that the proposed uses are reasonable in a general sense. The fact that the Council has also signed a deed of release from the restriction and that the neighbour at No.3 has written in support of the proposals gives further weight to them being reasonable at this property. I am satisfied that they are.
- Heading
- Introduction
- Factual background
- The legal background
- Statutory provisions
- The application
- Ground (a) – the restriction ought to be deemed obsolete
- Ground (b) – those entitled to the benefit have agreed to discharge or modification
- Ground (aa) and the conditions to be fulfilled under s.84 (1A)
- Does impeding the proposed uses secure practical benefits of substantial value or advantage?
- Would money be an adequate compensation for loss or disadvantage caused by modification
- General considerations
- Conclusions