The application
The application
The application was made on 18 November 2022. The applicant wishes to use Lea Hurst to provide bed and breakfast services to paying guests and to that end seeks to modify the existing covenant as follows:
“(a) not to use Lea Hurst other than as a single private residence with or without additional accommodation of paying guests; and
(b) not to allow more than five rooms at a time to be used as bedrooms for the accommodation of paying guests in Lea Hurst.”
Mr Peachey said that Mr Kay only sought the modification to the extent necessary to enable the proposed, limited and ad hoc use of Lea Hurst. He was open to alternative or additional provisions and simply wanted a small number of people to experience Lea Hurst whilst generating funds to help preserve the house for future generations.
- Heading
- Introduction
- The Facts
- The covenant
- The statutory provisions
- The application
- The objections
- Evidence for the applicant
- Mr Jeremy Keck
- Mr Anthony Jurkiw
- Evidence for the objectors
- Mr Barry Nix
- Expert Evidence
- Discussion
- Is the proposed use reasonable?
- Does the covenant impede the proposed use?
- Does prevention of the intended use secure practical benefits?
- Are the practical benefits of either substantial value or substantial advantage?
- Discretion
- Conclusions
![[2023] UKUT 251 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png)