The landlord subsequently sought a variation of the order, authorising it to undertake an alternative, less expensive remedial scheme that would enable retention of the existing shadow boxes which would be held in place by aluminium plates to which cosmetic cover caps would be applied.
Rejecting the application, however, the Court noted that the order had been sealed and the landlord had not appealed against it. Although the ordered remedial scheme might be extremely challenging, it was reasonably practicable if carried out by a competent contractor. The landlord had received a quote of around £6 million to complete the works and that expense was not self-evidently disproportionate.
The Court accepted that the works proposed by the landlord would be an obvious and significant improvement on the stitch plates. However, the result would also be obviously and significantly less attractive than the building’s original design. The tenant was entitled to insist on an outcome that would be no less aesthetically pleasing or visually impressive than the building’s designed appearance.