Bates v No Respondent, Court of Appeal - Lands Tribunal, April 27, 2005, [2005] EWLands LP_9_2004

Reporting Judge: [2005] EWLands LP_9_2004

President: Bates v No Respondent

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Bates v No Respondent, Court of Appeal - Lands Tribunal, April 27, 2005, [2005] EWLands LP_9_2004

LP/9/2004

LANDS TRIBUNAL ACT 1949

RESTRICTIVE COVENANTS - practical benefits of substantial value or advantage - proposal for 3-storey building to replace bungalow - effect of proposed development on outlook from objectors' adjacent flat - possible overlooking - no planning permission for proposed development - modification ordered - compensation £2,500 to reflect uncertainty over planning permission - Law of Property Act 1925, s 84(1), grounds (aa) and (c)

IN THE MATTER OF AN APPLICATION UNDER SECTION 84

OF THE LAW OF PROPERTY ACT 1925

JOHN STANLEY BATES

Re: 2 The Downs Wimbledon

London SW20 8HN

Before: The President

Sitting at Procession House, 110 New Bridge Street, London EC4V 6JL

on Friday 15 April 2005

Alexander Hill-Smith instructed by Sherwood Wheatley, solicitors of Wimbledon, for the applicant

The objector Linda MacDonald in person and on behalf of Laurence Garnett

No cases are referred to in this decision.

The following cases were referred to in argument:

Re Bass Ltd's Application (1973) 26 P & CR 156

Re Banks's Application (1976) 33 P & CR 138...

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