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Ground (c) – Discharge or modification would cause no injury to the persons entitled to the benefit of the restriction
Ground (c) – Discharge or modification would cause no injury to the persons entitled to the benefit of the restriction
This ground falls away now that I have found that the restriction secures practical benefits to the objectors.
- Heading
- Introduction
- Factual background and chronology
- Legal background
- The restriction and limited right of way
- Submissions on the Tribunal’s jurisdiction to modify the limited right of way
- The application for discharge or modification of the restriction
- Ground (a) - Obsolescence
- Ground (aa) – Whether in impeding a reasonable use the restriction secures practical benefits of substantial value or advantage to the objectors and, if not substantial, whether money would be an adeq
- Ground (c) – Discharge or modification would cause no injury to the persons entitled to the benefit of the restriction
- Conclusions