Rae, Re 12 Park View (RESTRICTIVE COVENANTS : Modification) [2016] UKUT 552 (LC) (13 December 2016)
Prohibition of more than one house on plot – planning permission for second house – whether covenant obsolete – held that it was not – application under grounds (a) and (c) refused – whether covenant secured practical benefits of substantial value or advantage - held that it did not – application under ground (aa) granted, subject to payment of compensation of £5,000 and £2,500 to immediately adjoining objectors – condition attached to modification to prevent removal of screening hedges
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