[2024] UKUT 112 (LC)

It will be recalled (paragraphs 4 and 8 above) that the application relates to two covenants imposed in 1966 on all of the Green Land, and to three covenants imposed in the transfer of number 12 itself in 1967. They all stand in the way of the applicant’s proposed development. Both sets of covenants impose a consent requirement; the 1966 covenants in favour of the owner or owners of the Pink Land and the 1967 covenants in favour of High Elms Properties Limited. The 1967 covenants include a “one house per plot” requirement and would also prevent the addition of walls and railings around the plot as proposed by the applicant.

The applicant asks the Tribunal to discharge covenant 3(c) in the 1967 conveyance, being the consent requirement in favour of High Elms Properties Limited, relying on section 84(1)(a), often referred to as the obsolescence ground. As to the rest, the applicant seeks modification on under grounds (aa) and (c).