The factual background
The factual background
Korobe and the restrictions
Fairfield Road is a private road which runs approximately north to south along a hillside on the eastern edge of Goring-on-Thames. The detached houses on the eastern or upper side of the road sit in generously sized plots and date predominantly from the 1920s and 1930s; they have spectacular views across the “Goring Gap”, where the Ridgeway crosses the Thames and rises to the Berkshire Downs. Houses on the western or lower side of the road have much smaller plots and date mostly from the 1960s.
The plan below shows the location of Hillside and its neighbours on the western side of the road and the location of the objectors’ property Korobe on the eastern side diagonally opposite. Point X is the original access to Korobe, before redevelopment. Point Y is the newly opened access in current use. To the west of Hillside is Meadow Close, built in the 1960s or 1970s.
- 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
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