[2025] UKUT 00339 (LC)

Mr and Mrs Baker are the owners of a workshop (‘the Workshop’) built on land (‘the Land’) which previously formed part of the garden of their erstwhile home near Cambridge. They have secured planning permission to demolish the workshop and replace it with a small bungalow (the ‘Bungalow’) but cannot implement the permission because in so doing they would breach a restrictive covenant which burdens the land.

In this application Mr and Mrs Baker seek to modify the covenant to enable them or a purchaser from them to implement the planning permission. The objectors live in neighbouring houses in Brunswick Court which have the benefit of the restrictive covenant.

Mr and Mrs Baker were represented at the hearing by Mr David Taylor who called Mr Jonathan Purkiss BSc(Hons) MRICS FAAV as an expert witness. The objectors had neither representation nor attended the hearing. They did, however, make submissions regarding the application.

I inspected the Land on the morning of the day before the hearing. I was accompanied by Mr Baker, and two of the objectors, Mrs Cucknall and Mr Simpson. I also viewed the Land from the first floor windows of Mr and Mrs Cucknall’s house (1 Brunswick Court) and inspected the gardens of the houses of Mr and Mrs Cucknall and Mr and Mrs Simpson (2 Brunswick Court).