[2023] UKUT 251 (LC)

Lea Hurst is a substantial house the origins of which date from the 17^th century although it was considerably enlarged and refashioned in 1825. It was briefly the childhood home of Florence Nightingale but remained in the ownership of the Nightingale family until the First World War when ownership passed to the inheritors of Louis Hilary Shore Nightingale. It was sold in 1946 and a nursing home was established at the house by the Royal Surgical Aid Society.

The current owner of Lea Hurst and the applicant in this case is Mr Peter Kay. In 2019 Mr Kay decided to let rooms in the house on a bed and breakfast basis. Such a use breaches a covenant imposed in an earlier transfer of the house not to use Lea Hurst other than as “a single private residence”. The application now before the Tribunal seeks the modification of the covenant in order that the bed and breakfast activity can continue.

The application is objected to by Mrs Joanne Cunningham and her husband Mr Barry Nix, who live at Cressbrook Hall, some 20 miles north west of Lea Hurst. They also own Lamp Cottage, a detached house which occupies a site adjacent to land forming part of the Lea Hurst estate but some distance from the house itself. Lamp Cottage has the benefit of the covenant.

At the hearing of the application the applicants were represented by Mr David Peachey and the objectors by Mr Andrew Francis. Evidence of fact for the applicants was given by Mr Kay himself and Mr Anthony Jurkiw who is an adjoining landowner. I was also provided with a witness statement by Mr Jeremy Keck who acquired Lea Hurst in 2004. Mr Keck was abroad at the time of the hearing and therefore unable to attend. Mrs Cunningham and Mr Nix also appeared as witnesses of fact. Expert valuation evidence was given by Mr Hugh Broadbent BA (Hons) MRICS for the applicant, and Mr Ruaraidh Adams-Cairns BSc FRICS for the objectors. I am grateful to them all.

On the day before the hearing, I inspected Lea Hurst and viewed the land that forms the estate with Mr Kay, Mr Peachey, Mr Francis and Ms Jacqueline Watts, solicitor for the applicant. I then visited Lamp Cottage where Mrs Cunningham and Mr Nix were present, and I was accompanied by Mr Peachey, Mr Francis and Ms Watts.