United Kingdom Upper Tribunal (Lands Chamber)

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You are here: BAILII >> Databases >> United Kingdom Upper Tribunal (Lands Chamber) >> Millgate Developments Ltd & Anor v Smith & Anor, Re: Exchange House, Woodlands Park Avenue, Maidenhead [2016] UKUT 515 (LC) (21 November 2016)
URL: http://www.bailii.org/uk/cases/UKUT/LC/2016/515.html
Cite as: [2016] UKUT 515 (LC)

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Millgate Developments Ltd & Anor v Smith & Anor, Re: Exchange House, Woodlands Park Avenue, Maidenhead [2016] UKUT 515 (LC) (21 November 2016)

RESTRICTIVE COVENANTS – Modification – land in green belt subject to restriction to be used only for parking vehicles – 13 affordable housing units built prior to application and in the face of objections – adjoining land with benefit of covenant being developed as children’s hospice – whether modification appropriate – practical benefits of substantial value or advantage – public interest – injury – offer of compensation – discretion – s.84(1)(aa) and (c), Law of Property Act 1925 – modification ordered on payment of compensation

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