Alexander Devine Children's Cancer Trust v Millgate Developments Ltd and another company

Restrictive covenant affecting land – Benefit of covenant. On a correct assessment of the circumstances of the case, no discretion had arisen under s 84(1) of the Law of Property Act 1925 according to which there was any basis for the Upper Tribunal (Lands Chamber) (the UT) to modify restrictive covenants so as to permit residential development. Accordingly, the Court of Appeal, Civil Division, allowed the appellant Trust's appeal against the UT's decision to allow the respondent developer's application to modify the restrictive covenants.

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