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Conclusion on ground (aa)
Conclusion on ground (aa)
We conclude that the covenants (other than the company consent covenant, see paragraphs 37 and 38 above) bestow practical benefits of substantial advantage upon the objectors whose property is on the Green Land (numbers 1 to 11 High Elms), by protecting the open aspect of High Elms and preventing over-development, and by preventing further inappropriate future development. And by protecting the listed wall they confer a practical benefit of substantial advantage on those objectors and also on Mr Mackenzie in Forest House. We therefore do not have jurisdiction to modify them.
- Heading
- Introduction
- Background: the High Elms estate
- The legal background
- The application
- The grounds for the application
- Title to the land proposed to be developed
- Section 7
- The objectors
- Covenant 3(c) in the 1967 conveyance
- The remaining covenants: grounds (aa) and (c)
- Open aspect and the prevention of over-development
- Potential effect on other development proposals in High Elms
- Overlooking
- Damage to structures including the listed wall
- Strain on services including drains
- Loss of access, and loss of view, for Forest House
- Conclusion on ground (aa)
- Ground (c)
- Conclusions