[2023] UKUT 251 (LC)

Derby Civil Justice Centre and the Royal Courts of Justice

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

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

RESTRICTIVE COVENANTS – MODIFICATION –– covenant not to use historic house other than as a single private residence - proposal to use five bedrooms for bed and breakfast purposes - whether covenant secures practical benefits of substantial value or advantage to neighbouring owner – application granted subject to acceptance of further restriction by applicant – Law of Property Act 1925, s84(1)(a)(aa)(b) and (c)

BETWEEN

PETER MARTIN KAY

Applicant

-and-

JOANNE SARAH CUNNINGHAM (1)

BARRY NIX (2)

Objectors

Re: Lea Hurst,

Lea Shaw,

Holloway,

Matlock,

DE4 5AT

Mr Mark Higgin FRICS

26-27 July and 23 August 2023

Decision Date: 24 October 2023

David Peachey instructed by A City Law Firm Limited for the applicant

Andrew Francis instructed by BRM Law Limited for the objectors

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

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

Chatsworth Estates Ltd v Fewell [1931] 1 Ch 224

Hodgson v Cooke [2023] UKUT 41 (LC)

Re Bass Ltd’s Application (1973) 26 P&CR 156

Re O’Byrne [2018] UKUT 395 (LC)

Re The Trustees of Green Masjid and Madrasah [2013] UKUT 0355(LC)