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Ground (c)
Ground (c)
We have concluded under ground (aa) that the restrictions did have an effect on the prospect from Korobe and have diminished its value albeit to an extent that is not substantial, and in light of that ground (c) cannot succeed.
- 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