“…who deliberately flout their legal obligations by deliberately breaching a restrictive covenant ([114], referring to Re George Wimpey Bristol Ltd’s Application [2011] UKUT 91 (LC) at [35]), and also that “[i]f it was thought easier to secure a modification in favour of a completed development than for one not yet commenced the contract b…”
“…114] the Upper Tribunal reminded itself of the indication given, obiter, by the Upper Tribunal (N. J. Rose FRICS) in Re George Wimpey Bristol Ltd’s Application [2011] UKUT 91 (LC) at [35], that in a case involving an applicant who had built in breach of restrictive covenants as part of a deliberate strategy of forcing through the develop…”