[2023] UKUT 00185 (LC)

Royal Courts of Justice

Strand, London WC2A 2LL

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANTS – DISCHARGE OR MODIFICATION – covenants restricting extension and business use - proposal to erect a three-storey side extension and to use for business purposes – renewed application with the benefit of planning permission – application granted in part

AN APPLICATION UNDER SECTION 84 OF THE LAW OF PROPERTY ACT 1925

BETWEEN:

(1) RAJARAJAN NARAYANASAMY NAIDU

(2) KAVITHA DAMODHARASWAMI NAIDU

Applicants

-and-

(1) VALERIE MORTON

(2) HANS ANDREASSEN AND ELSBETH ANDREASSEN

(3) EDWARD SWEENEY AND JANET SWEENEY

Objectors

Re: 52 Beechcroft Manor,

Weybridge,

Surrey,

KT13 9NZ

Mrs Diane Martin MRICS FAAV

DETERMINATION ON WRITTEN REPRESENTATIONS

Decision Date: 1 August 2023

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

Johnson & Anor, An Application by [2022] UKUT 294 (LC)

Naidu & Anor v Morton & Ors [2022] UKUT 172 (LC)