Determination
47.I am satisfied that ground (aa) is made out and that I have discretion to modify the restriction which impedes a reasonable use of the Property and does not secure to the persons entitled to the benefit of it any practical benefits. It follows that ground (c) is also made out because the proposed modification will not injure those persons.48.The applicant has offered to implement a method statement for development and to provide a sum of £5,000 as security against the need for repairs to the access area. These are helpful offers which will give comfort to the objectors and I include them within the conditions for modification.49.The following order shall be made:The restrictions in the Charges Register for the The Walk, Lower Road, Ufford, Woodbridge IP13 6DL shall be modified under section 84(1)(aa) of the Law of Property Act 1925 by the insertion of the following words:“PROVIDED that the development permitted under the grant of planning permission on 14 July 2020 by East Suffolk Council under reference DC/20/1768/FUL and subject to the conditions attached thereto may be implemented in accordance with the terms, details and approved drawings referred to therein. Reference to the above planning permission shall include any subsequent planning permission that is a renewal of that planning permission and any other matters approved in satisfaction of the conditions thereto.”50.An order modifying the restriction shall be made by the Tribunal provided, within three months of the date of this decision, the applicant shall have:(a)Signified his acceptance of the proposed modification of the restriction in the Charges Register of the Property; and(b)Provided the Tribunal with a signed undertaking to the objectors to implement the method statement set out in Mr Smith’s report dated 22 November 2021.(c)Provided the Tribunal with a signed undertaking to the objectors (i) to carry out repairs to make good any damage caused to the access area made necessary as a result of demolition and construction work for the development and (ii) at their request and subject to receiving their reasonable co-operation in the same, to deposit £5,000 in an account in joint names with the objectors as security for the above undertaking.Diane Martin MRICS FAAV Member, Upper Tribunal (Lands Chamber) 27 May 2022