Paul and Gillian Marshall v Mr Kevin Jones and Mrs Joanna Jones

摘要

The application is argued under grounds (aa), (b) and (c) although, for the reasons given above (b) must fail, and I do not therefore deal with it further here. There are six questions that arise for determination under s.84(l)(aa) (see Bass' Application, Re (1973) 26 P. & C.R. 156): whether the restriction impedes some reasonable user of the land; if so, whether in so doing it secures to the objector any practical benefits; if so, whether those practical benefits are of substantial value or advantage to it; and, if not, whether money would be adequate compensation for any loss or disadvantage suffered; whether, if ground (aa) has been made out, I should exercise my discretion in favour of the modification; and, if so, how much if anything should I award as compensation.