[2023] UKUT 251 (LC)

It is accepted by the parties that the covenant impedes the proposed use. However, Mr Francis considered that the nuisance and annoyance covenant would also impede the proposed use. However, the application relates only to the covenant restricting the use of the house to a private dwelling and in the context of that covenant it is clear to me that the proposed use is impeded. There is no need for the purposes of the application to consider whether the nuisance and annoyance covenant would be breached.