OpenLegislation

Paragraph 9 Deciding whether to modifyI1I2

England and Wales

(1)

The Upper Tribunal may exercise its power under paragraph 6(1) or 7(1) if it considers it reasonable to do so in all the circumstances of the case.

(2)

In considering whether to exercise its power under paragraph 6(1) or 7(1), the matters to which the Upper Tribunal is to have regard include—

(a)

whether there has been any material change of circumstance since the making of the original agreement, in particular—

(i)

change in the character of the land to which the obligation relates or of the neighbourhood of that land;

(ii)

change affecting the enjoyment of the land to which the obligation relates;

(iii)

change affecting the extent to which performance of the obligation is, or is likely in future to be, affordable;

(iv)

change affecting the extent to which performance of the obligation is, or is likely in future to be, practicable;

(b)

whether the obligation serves any conservation purpose it had—

(i)

when the original agreement was entered into, or

(ii)

if the obligation has since been modified (whether by agreement or by the Upper Tribunal), when the obligation was modified,

as the case may be; and

(c)

whether the obligation serves the public good.

(3)

In considering, for the purposes of this paragraph, affordability or practicability in relation to performance of an obligation, change in the personal circumstances of a person bound by the obligation is to be disregarded.

Annotations

Commencement

I1

Sch. 18 para. 9 not in force at Royal Assent, see s. 147(3)

I2

Sch. 18 para. 9 in force at 30.9.2022 by S.I. 2022/48, reg. 5(b)