[2024] UKUT 189 (LC)

Section 84(1) of the Law of Property Act 1925 gives the Tribunal power to discharge or modify any restriction on the use of freehold land on being satisfied of certain conditions. The applicant in this case relied only on ground (a) and unless this ground is made out the Tribunal has no jurisdiction to modify or discharge the covenant.

Ground (a) of section 84(1) is satisfied where it is shown that by reason of changes in the
character of the property or neighbourhood or other circumstances of the case that the
Tribunal may deem material, the restriction ought to be deemed obsolete.

In determining whether the restriction ought to be discharged or modified, the Tribunal will take into account the development plan and any declared or ascertainable pattern for the grant or refusal of planning permissions in the relevant area, as well as the period at which and context in which the restriction was created and any other material circumstances.

If the applicants are able establish that the Tribunal has jurisdiction to modify the covenant, the Tribunal then has to decide whether or not to do so. If the applicant agrees, the Tribunal may also impose an additional restriction on the land at the same time as modifying the original restriction.