Introduction
1.This is an application for the Tribunal to modify a restrictive covenant on the understanding that it burdens the title to The Walk, Lower Road in the village of Ufford near Woodbridge in Suffolk (“the Property”). The applicant, Mr Jasper Dickinson, gained planning consent in July 2020 to demolish the existing four bedroom bungalow and sub-divide the Property to provide a replacement four bedroom house with an additional three bedroom bungalow to the rear (“the development”).2.A single dwelling restriction (“the restriction”) is contained in a conveyance, dated 15 November 1957 (“the 1957 conveyance”), of a neighbouring property, Shincliffe, in which the vendor S & R Finance and Trade Limited covenanted to impose similar covenants on the future disposal of numbered plots shown on a plan. The Walk is one of those numbered plots but, although the 1957 conveyance and its covenants are referred to in the Charges Register of its registered title, the applicant wishes to reserve the right to challenge the entitlement of the objectors, as the owners of Shincliffe, to enforce the restriction against the owner of The Walk.3.The applicant made an application to the Tribunal on 15 July 2021 seeking modification of the covenant, under grounds (aa) and (c) of s.84(1) of the Law of Property Act 1925, to permit implementation of the development. He has an earlier extant planning consent to extend and refurbish the existing bungalow to provide a five bedroom house which is not affected by the restriction. Should this application to modify the restriction be refused the applicant says that he intends to implement the earlier consent.4.Shincliffe is owned by Mr William Gordon Adams and Mrs Rita Joy Adams, who are objectors to this application. It has no common boundary with the Property because another property known as Carousel sits between them. Carousel was also one of the numbered plots in the 1957 conveyance. The three properties share an access area, which is unregistered with no known owner.5.I made a site inspection on 26 April 2022, accompanied by Mr and Mrs Adams, Mr Dickinson and his counsel Mr James McCreath. 6.I heard the application at the Royal Courts of Justice on 27 April 2022. The applicant was represented by Mr McCreath, who called him to give evidence. Written expert evidence was adduced from Mr Ian Smith MRICS, a chartered building surveyor with Kirksop & Company. The objectors did not attend the hearing due to their age and health.