Case No. UKUT-41-(LC)-UTLC-Case-Numbers:-LC-2022-180

1.This is an application for the modification of a restrictive covenant attached to a house at 7 Larkin Avenue, Cottingham, East Yorkshire (the Property) where the applicants, Mr and Mrs Hodgson, wish to continue to conduct a beauty therapy business from a cabin in the rear garden. The Property is on a modern residential estate and the first and second objectors, Mr Terence and Mrs Carole Cook live next door at 5 Larkin Avenue. The third objector, Mr David Holden resides at 3 Larkin Avenue, the other side of Mr and Mrs Cook.2.The restrictive covenant is in clause 2 of the Third Schedule of the transfer of the Property to the applicants dated 29 November 2013. The applicants covenanted with the developer of the estate, Redrow Homes Limited as follows:“No trade business or profession shall be carried out upon the plot and the plot shall not be used for any other purpose other than as one private dwelling.”3.I conducted a site visit on the afternoon of 19 December 2022. I was shown the application property and the building in the garden where Mrs Hodgson has conducted her beauty therapy business, trading as ‘This is me Beauty’, since April 2021. I also saw the interior, exterior and rear garden of 5 Larkin Avenue and the front parts of 3 Larkin Avenue. Additionally, I walked round the development of which Larkin Avenue forms part, and examined the roadways, paved areas and parking provision. The reason for doing this will become apparent later in the decision.4.At the hearing Mrs Hodgson spoke on behalf of both of the applicants and the first and second objectors were represented by Mr Oliver Shipley of counsel who called Mr Cook as a witness of fact. Mr Holden represented himself. I am grateful to them all for their assistance.