[2025] UKUT 00339 (LC)

The applicant seeks modification of the covenant from its existing form to:

“Not to use the Retained Land for any purposes other than (i) as a single private dwellinghouse with garden and garage and (ii) a single storey bungalow with garden and parking space and (iii) in particular, not to use the same for the purpose of any trade or business”.

The applicant confirmed at the hearing that were the Tribunal minded to modify the covenant, he would be satisfied with a modification to only allow the construction of the building for which he had planning permission. The application was made under grounds (aa) and (c).

The applicants’ primary position is that the modification of the covenant will not injure the objectors at all, and nor does the covenant in its existing form secure for the objectors any practical benefits which are of substantial value or advantage to them.

The objectors’ collectively say that the restriction does secure practical benefits of substantial value or advantage to them and that money will not be an adequate compensation for the loss or disadvantage which they say will follow from any modification of the restriction. They also say that they will suffer injury from the modification sought.

Before I assess the parties’ submissions and provide my view on each issue I will firstly refer to the evidence provided by the applicants’ experts.