000 01498cab a2200265 4500
001 ABS59340
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u88841
041 _aeng
245 _aCo-operative Retail Services Ltd v Tesco Stores Ltd
260 _c1998
350 _a0
490 _aProperty and Compensation Reports
_v[1998] 76 P&CR 328-332(5)
520 _a"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.
650 _aBREACH OF COVENANT
650 _aBURDENED LAND
650 _aCO-OPERATIVE RETAIL SERVICES LTD V TESCO STORES LTD
650 _aDEVELOPMENT
650 _aFOOD RETAILING
650 _aLANDSCAPING
650 _aRESTRICTIVE COVENANT
690 _aPLANNING LAW AND PRACTICE-CASE LAW
942 _n0
948 _c06/10/1998
999 _c56180
_d56180