Re Williams` Application
Re Williams` Application
- 1988
- Journal of Planning and Environment Law (1988) JPL 422(1) .
LT 30 November 1987. Application for the discharge or modification of a restrictive covenant , which prevented further building on land on an estate of 5.5 acres which contained forty houses. A further house was proposed. Objectors to the application maintained that the development would be detrimental to the amenities of the estate and would cause diminution in the values of individual properties. The applicant considered that compensation would be adequate to recompense the objectors for any loss in amenity and value. LT held, dismissing the application, that although the proposed development would constitute a reasonable user of the land, at least two of the objectors would suffer loss of spaciousness, nuisance from building works and diminution in the value of their properties. LT considered that compensation would not provide adequate recompense.
LT 30 November 1987. Application for the discharge or modification of a restrictive covenant , which prevented further building on land on an estate of 5.5 acres which contained forty houses. A further house was proposed. Objectors to the application maintained that the development would be detrimental to the amenities of the estate and would cause diminution in the values of individual properties. The applicant considered that compensation would be adequate to recompense the objectors for any loss in amenity and value. LT held, dismissing the application, that although the proposed development would constitute a reasonable user of the land, at least two of the objectors would suffer loss of spaciousness, nuisance from building works and diminution in the value of their properties. LT considered that compensation would not provide adequate recompense.