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

was made on 22 June 2021 at which point the cabin had already been installed and the business was operating. The application was therefore retrospective.13.The planning officer’s report made a number of observations about the nature of the proposed use and the likely impact on both neighbouring properties and the wider area. In recommending that permission be granted he concluded that:‘The timber beauty treatment building to the rear of the property and its use as a mixed-use comprising a residential dwelling and the private beauty business is considered to be acceptable in principle given the quiet nature of the use and the sustainable location of the site within the Development Limits of Cottingham. The detached outbuilding does not detract from the visual amenity of the area or the appearance of the existing property. The physical construction of the building and the use as a small-scale beauty therapy business provides holistic massages and facials and as such would not cause an unacceptable degree of harm to the amenities of neighbouring properties or the area generally’. 14. In granting permission on 6 October 2021, the Council attached the following conditions:1.The beauty therapy element of the mixed use hereby permitted shall not operate other than from the detached outbuilding as shown on drawing no.3951/P2 (Proposed Site Plan and Location Plan). Otherwise, the outbuilding shall only be used for purposes ancillary to the residential use of the dwelling known as 7 Larkin Avenue, Cottingham. 2.The beauty therapy element of the mixed use hereby permitted shall only be operated by a person or persons occupying the dwelling known as 7 Larkin Avenue, Cottingham.3.The beauty therapy shall only be open to customers between the following times:From 09:00am until 06:00pm during any day Monday to Saturday, and shall be closed to customers on Sundays and Bank/Public HolidaysThe application15.The application was made on 8 April 2022. The applicants’ objective is to modify the covenant to permit the use of the cabin in the rear garden of the Property for the purpose of running a beauty therapy business in accordance with the planning permission granted to them by East Riding of Yorkshire Council. The application was made under grounds (aa), (b) and (c) of section 84(1) of the Law of Property Act 1925. The applicants requested that the covenant was modified in such a way that it was personal to them. It is worth noting that the Third Schedule contains a number of other restrictive covenants in addition to clause 2. These, for instance, prevent the owners from parking boats, trailers or caravans in front of the building line or so as to be visible from any road, changing the colour of rendered parts of the houses, painting any brickwork, erecting fences, gates or walls in the front gardens or driveways and a number of other cosmetic alterations.