Conclusions
Conclusion
The application fails and the covenant remains unmodified.
Upper Tribunal Judge Elizabeth Cooke Mr Mark Higgin FRICS FIRRV
15 March 2024
Right of appeal
Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.
- Heading
- Introduction
- The facts
- The statutory background
- The applicants, the application and the open offer
- The application
- The open offer
- The objectors’ cases
- Does the covenant impede a reasonable use of the applicants’ land?
- Does the covenant, in impeding that reasonable use, secure practical benefits to the objectors? If so, are those benefits of substantial value or advantage?
- The prevention of increased nuisance from the occupants of HMOs
- The preventions of additional strain on the estate services and the service charges
- Damage to the trees at the back of the application houses
- Overlooking from the new balconies
- The change to the architecture of the development
- The breach in the building scheme and the risk of further development in the future
- Disturbance from the work done to carry the proposed projects
- Discretion
- Conclusions
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