Title to the land proposed to be developed
Title to the land proposed to be developed
Finally, a point about title. The 1967 conveyance plan depicts a straight line boundary to the west and south of the property, ending at right-angles to the boundary of the Pink Land. Mr Medley’s registered title reflects that. His proposed development does not follow that line, but requires a projection from it at the north-west corner, where the gates will be (at right angles to the big gates across the road), and another curved area at the south-east corner. The south-east area is currently part of Mr Medley’s garden, laid to lawn and obviously mown with the rest of it; it sits in front of the listed wall dividing the Pink Land from the Green Land. These two areas falling outside Mr Medley’s registered title are shown hatched on the following plan which also shows the intended position of the new houses:

Mr Mackenzie, the first objector, owns Forest House and also the roads on High Elms; this is his registered title plan:
- 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
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