[2024] UKUT 189 (LC)

Case No: LC-2023-694

AN APPLICATION UNDER SECTION 84 OF THE LAW OF PROPERTY ACT

1925

17 July 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANT – MODIFICATION – planning consent for new dwelling in garden – restriction of buildings to existing private dwelling house and premises – whether restriction ought to be deemed obsolete – application refused

BETWEEN:

MICHAEL LACKEY

Applicant

-and-

JOHN AND SUSAN PEARCE

Objectors

14 Penina Avenue,

Newquay,

Cornwall,

TR7 2LE

Diane Martin MRICS FAAV

25 April 2024

Truro Combined Court Centre

The applicant representing himself

Mr John Pearce representing the objectors

© CROWN COPYRIGHT 2024

The following case is referred to in this decision:

Re Fermyn Wood [2018] UKUT 0411 (LC)