[2023] UKUT 00248 (LC)

LC-2022-496

Royal Courts of Justice

23 October 2023

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

TWO APPLICATIONS UNDER SECTION 84

OF THE LAW OF PROPERTY ACT 1925

RESTRICTIVE COVENANTS – MODIFICATION – building scheme – covenant preventing development – previous Tribunal decision modifying covenant linked to planning permission – different scheme built out – jurisdictional stage satisfied – whether Tribunal should exercise discretion - applications granted – s.84, Law of Property Act 1925

BETWEEN:

Re: 17 and 19 Icklingham Road,

Cobham,

KT11 2NQ

Peter D McCrea FRICS FCIArb

24 August 2023

Jacqueline Lean, instructed by Higgs LLP, for Mr and Mrs Howard

Mr Baines appeared for himself and Mrs Baines

Ms Surana appeared in person

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

Re Surana’s Application [2016] UKUT 0368 (LC)

Re Voss’s Application LP/11/1973 (unreported)

Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45

Housing Solutions v Smith [2023] UKUT 25 (LC)

Millgate Developments Limited and Housing Solutions Limited v Bartholomew Smith and the Alexander Devine Children’s Cancer Trust [2016] UKUT 515 (LC)

Alexander Devine Children’s Cancer Trust v Millgate Developments Limited [2018] EWCA Civ 2679