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Re Zenios [2011] EWCA Civ 1645

DATE: 08 Nov 2010

On an application under s.84 of the 1925 Act, the Court of Appeal upheld the decision of the Upper Tribunal (Lands Chamber) not to modify a covenant to permit a development in Hampstead Garden Suburb.  In doing so, the Court held that the Tribunal was not bound to follow a planning decision raising similar issues.