Introduction
1.This is an application by Mrs Jocelyn Sutton, the owner of 39 Muswell Road, Mackworth, Derby. The property has a large side garden (‘the application land’) upon which Mrs Sutton wishes to build a second house. She is prevented from doing so by a “one house” restriction contained in a 1970 conveyance, and so applies to the Tribunal to have the restriction discharged.2.Mrs Sutton’s neighbours, Mr Steven and Mrs Helen Baines, live at 5 Putney Close, Mackworth. Their garden adjoins the application land, and they object to the application owing to the effect it would have on their property.3.I heard the application at South Derbyshire Justice Centre on the morning of 6 December 2022. Both the applicant and the objectors represented themselves. The applicant relied on expert evidence from Mr Geoff Ruddle, of local estate agents Everington and Ruddle, and the objectors on expert evidence from Mr Malcolm Kempton FRICS, of Kempton Carr Croft based in Maidenhead. That afternoon, accompanied by the parties, I inspected the application land, and viewed it from Mr and Mrs Baines’ garden, and from their ground and first floor rooms.