2 Jul 2012
WHITTAKER v JERICEVICH HC NAP CIV-2012-441-000186
- Citation
- openlaw-8a41f54c_5d38_4af3_bc13_ef2f4f0c887b.pdf
- Court
- High Court
The covenant restricts the form and character of permitted structures to a single storey residential dwelling (and up to two accessory buildings) but does not, on its wording and context, impose an implied prohibition on operating a bed and breakfast within a dwelling so long as the use does not deprive the building of its essential residential character; therefore the bed and breakfast operation was not prohibited and the appeal is dismissed.