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The application
The application
An application was made for discharge of the restriction, or modification in the alternative, under grounds (a), (aa), (b) and (c).
I will first consider the application under grounds (a) and (c) since the submissions for each ground rely on essentially the same evidence and can be dealt with concisely. I will then consider the application under ground (aa), by reference to the conditions to be fulfilled under s.84(1A). Finally, with the benefit of my decision under ground (aa) it will be possible to deal quickly with the application under ground (c).
- 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