[2024] UKUT 00174 (LC)

The objectors allege mistakes or acts of bad faith by Staffordshire’s officers or elected representatives. Again, these are simply assertion, for which there is little evidence; the only witness statement we have is from Dr Orendi, who did not attend the hearing and therefore could not be cross-examined, and therefore his evidence carries little weight.. If the objectors wish to pursue allegations of maladministration they must look elsewhere.

There is therefore no evidence-based reason not to exercise the Tribunal’s discretion in favour of Staffordshire.

Nor is there any purpose in modifying the covenants, so as to permit only the development for which there is now planning permission, rather than discharging them. It would be pointless to have to replicate the present proceedings in, say, 20 or 25 years’ time in the event that new development and a new planning permission were needed. Again, the key to this application is that the objectors have not challenged Staffordshire’s evidence that the land will never again be used as a school.