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Development at Claremont
Development at Claremont
On 7 August 2023, the owners of Claremont applied for planning permission to develop their property with the installation of three Velux windows on the eastern slope of their roof, facing Korobe. The objectors entered into discussion with them about the restrictions, as a result of which an amended application was made removing the roof lights in that slope. The resulting development is a single storey dwellinghouse with living space in the roof and is compliant with the restrictions
- Heading
- Introduction
- The factual background
- Section 3
- The development at Hillside
- Development at Korobe
- Development at Claremont
- The present dispute
- The legal background
- Does the Tribunal have jurisdiction to modify the restrictions?
- Ground (a): are the covenants obsolete?
- Ground (aa): practical benefits of substantial value or advantage
- The view from Korobe
- Privacy: prevention of overlooking
- The expert valuation evidence
- The sincerity of the objectors’ position
- Control of development at Gap House and Claremont
- Conclusions on ground (aa)
- Ground (c)
- Discretion
- Conclusions