Co-operative Retail Services Ltd v Tesco Stores Ltd
Co-operative Retail Services Ltd v Tesco Stores Ltd
- 1998
- Property and Compensation Reports [1998] 76 P&CR 328-332(5) .
"Co-operative Retail Services Ltd v Tesco Stores Ltd" CA 20 January 1998. The appellant owned a ten and a half acre site, of which half an acre was subject to a restrictive covenant that it was not to be used for food retailing. Tesco obtained planning permission to develop the site to include a superstore, petrol station and car parking. The permission was conditional upon the scheme including tree planting and landscaping. The Co-operative contended that Tesco was in breach of covenant in that the burdened land was being used for food retailing. The burdened land was treated as an integral part of the entire site. An injunction was granted to restrain prohibited use. Held; appeal alowed. The burdened land was not being used for food retailing.
BREACH OF COVENANT
BURDENED LAND
CO-OPERATIVE RETAIL SERVICES LTD V TESCO STORES LTD
DEVELOPMENT
FOOD RETAILING
LANDSCAPING
RESTRICTIVE COVENANT
"Co-operative Retail Services Ltd v Tesco Stores Ltd" CA 20 January 1998. The appellant owned a ten and a half acre site, of which half an acre was subject to a restrictive covenant that it was not to be used for food retailing. Tesco obtained planning permission to develop the site to include a superstore, petrol station and car parking. The permission was conditional upon the scheme including tree planting and landscaping. The Co-operative contended that Tesco was in breach of covenant in that the burdened land was being used for food retailing. The burdened land was treated as an integral part of the entire site. An injunction was granted to restrain prohibited use. Held; appeal alowed. The burdened land was not being used for food retailing.
BREACH OF COVENANT
BURDENED LAND
CO-OPERATIVE RETAIL SERVICES LTD V TESCO STORES LTD
DEVELOPMENT
FOOD RETAILING
LANDSCAPING
RESTRICTIVE COVENANT