Property / Real Estate Law · Free sample
Domus Living Limited v Edward VII Estates Limited
Facts
The King Edward VII Hospital Estate at Midhurst, West Sussex, within the South Downs National Park, is a redevelopment of a former hospital and its grounds, permitted on the basis of "enabling development", whereby development that would not otherwise be permitted funds the conservation of the listed hospital buildings. In 2015 the respondent, Edward VII Estates Limited, then owner of the whole estate with planning…
Decision
The Tribunal discharged both the consent covenant (unopposed) and the planning covenant, finding it obsolete, of no practical benefit, and that its discharge would not injure the respondent; it rejected the allegation of cynical breach and held that no compensation was payable.
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