The existence of a significant number of multi-dwelling developments in a covenanted neighbourhood (here, 34 out of approximately 162 lots) does not necessarily establish that the single-dwelling character has been lost, particularly where the multi-dwelling developments are clustered or disguised. The precedential effect of modifying a single-dwelling covenant remains a real and substantial form of injury to covenant beneficiaries even where some erosion of character has already occurred. Lay evidence from residents about the lived experience of neighbourhood amenity may be given weight.
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