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Mr Anthony Jurkiw
Mr Anthony Jurkiw
Mr Jurkiw is resident at Nightingale Park Farm which as its name suggests adjoins Lea Hurst. In his witness statement he provided a brief history of Lea Hurst as he interpreted it. It is not necessary to set out the details as they align with the factual accounts provided by the other witnesses of fact. Mr Jurkiw said that he suggested to Mr Kay in 2016 that he should restore the original access to Lea Hurst and granted the right of way over his land. He supported the use of Lea Hurst for bed and breakfast purposes.
- Heading
- Introduction
- The Facts
- The covenant
- The statutory provisions
- The application
- The objections
- Evidence for the applicant
- Mr Jeremy Keck
- Mr Anthony Jurkiw
- Evidence for the objectors
- Mr Barry Nix
- Expert Evidence
- Discussion
- Is the proposed use reasonable?
- Does the covenant impede the proposed use?
- Does prevention of the intended use secure practical benefits?
- Are the practical benefits of either substantial value or substantial advantage?
- Discretion
- Conclusions