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Does the covenant impede a reasonable use of the applicants’ land?
Does the covenant impede a reasonable use of the applicants’ land?
The objectors have conceded that the application in its original form described works that would have been a reasonable use of the applicants’ properties, and likewise in the revised form where the lofts have Velux windows instead of balconies.
- 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