Re Theodossiades

Restrictive covenant affecting land – Discharge or modification. The applicant's proposed redevelopment of her dwelling house into six flats was granted despite restrictive covenants being in force prohibiting the erection of such a building. The Upper Tribunal (Lands Chamber) held that maintaining the integrity of the building scheme in its present state and taking into consideration all factors did not provide substantial value or advantage to the objectors of the application. Accordingly, modification of the covenant would be limited so as to allow only the development for which planning permission had been granted.

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