[2024] UKUT 00001 (LC)

This application seeks the discharge of a restrictive covenant (the covenant) that burdens the title to 7 Redwood Grove, Bude, Cornwall (the property). The restrictions are contained in a conveyance dated 18 December 1980 between Roy and Jane Dinshaw and Guy Beresford and Angela Bendyshe. They prevent the construction of two unauthorised extensions to the property and have been breached by the current owner as a result of building work completed in 2018.

At the hearing the applicants were represented by Mr James Jarvis of counsel. The objectors, Mr Michael Dinshaw and Mr Ian Dinshaw represented themselves and their brother, Mr Anthony Dinshaw. I am grateful to them all for their evidence and submissions.

I inspected the property on the morning of 1 November 2023. I viewed the interior and the two extensions, as well as the garden space at the rear. I was accompanied by Mr and Mrs Rogers and Mr Martin Curnow from Paul Finn Solicitors. I also inspected the areas to the west and north of the property in the presence of Mr Michael Dinshaw and Mr Curnow. The relevance of these areas will become apparent later in the decision. I additionally walked into Redwood Close and along Redwood Grove in an easterly direction.