Millgate Developments Ltd and Another v Smith and Another, Re: Exchange House, Woodlands Park Avenue, Maidenhead: UTLC 21 Nov 2016

UTLC 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

Citations:

[2016] UKUT 515 (LC)

Links:

Bailii

Statutes:

Law of Property Act 1925 84

Jurisdiction:

England and Wales

Land

Updated: 29 January 2022; Ref: scu.573878