[2023] UKUT 00196 (LC)

The 1984 transfer states at clauses 5 and 6:

“5.

AND IT IS HEREBY EXPRESSLY DECLARED by the Council and by the Purchaser that it is their intention and the Purchaser purchases upon the express understanding that each transferee of a lot on the Estate is to have the benefit of the restrictions conditions and stipulations binding on all other lots forming part of the Estate whether such lots are sold by the Council to transferees before or after the date of the Transfer

6.

THE Purchaser hereby covenants with the Council and all other persons claiming under it as purchasers of any part of the land comprised in the title above mentioned and with the object and intent of binding the land hereby transferred into whosoever hands the same may come and for the benefit of the land comprised in the title above mentioned other than the premises that he the purchaser and his successors in title the owners and occupiers for the time being of the Premises (and who are included in the expression “the Purchaser”) will at all times hereafter observe and perform the restrictions conditions and stipulations set out in the Second Schedule hereto”

The premises were defined as No.4 Kerfield Place, Camberwell and Parking Bay No. 135. The estate was defined by reference to a title plan of land in the ownership of the Council.

The restriction in the Second Schedule which is the subject of this application states:

“4.

The exterior appearance of the buildings walls fences and other erections now on the premises shall not hereafter be altered and no additional buildings walls fences or other erections shall hereafter be constructed or maintained on the premises”

On 7 February 2023 the Council issued a deed of release from the restriction on the Property.

The owner of No.3, Mr Will Thompson, signed a statement dated 12 April 2023 confirming his support for this application, which he does not feel will affect the value, security or amenity of his property.