[2025] UKUT 139 (LC)

Urswick Road sits within an extensive area of terraced and semi-detached housing built between the wars by the London County Council and known as the Becontree Estate (“the estate”). Ownership of the estate subsequently passed to the London Borough of Barking and Dagenham (“the objector”). Through the Right to Buy Scheme, introduced in the Housing Act 1980, some of the properties have been sold into private ownership, subject to restrictive covenants in favour of the objector.

The applicants are the owners of 16 Urswick Road (“the property”) who seek modification of a restrictive covenant burdening the property to enable them to retain a porch and boundary fence (“the works”) erected in 2021 in breach of the covenant. The objector owns and lets the adjoining property at 18 Urswick Road (“No 18”), which has been affected by the works.

This application was made on 10 June 2024, during a period when the applicants were subject to injunction proceedings (“the proceedings”) by the objectors. On 15 July 2024 the objector was granted an injunction by District Judge Goodchild in the County Court at Romford requiring demolition of the works and restoration of the communal porch to its original condition. I understand that enforcement of the injunction is the subject of an appeal.

I carried out an inspection of the works at the property and No 18 on 11 February 2025 accompanied by the first applicant, Ms Tega Owinoron and Mr Grant Rome, Landlord Services Manager for the objector. Ms Anisa Osman was also in attendance for the objector. I also walked along other roads in the estate to see other properties with single private porches, as referred to by Ms Owinoron in her witness statement.

At the hearing on 12 February 2025 the applicants were represented by Mr Ashley Thompson, who called Ms Owinoron to give evidence. The objector was represented by Ms Natalie Pratt, who called Mr Rome to give evidence. Mr Rome had been in the objector’s employment since 1983, and had worked in the housing department since 1990, but had not visited the property or No 18 before the works commenced.

It had been intended that a transcript of the judgment of District Judge Goodchild handed down on 15 July 2024 would be included in the hearing bundle, but it had not become available by the date of the hearing. Directions were agreed that the transcript should be provided by 28 February 2025, with submissions for the applicants to be made by 7 March 2025 and submissions in response for the objector by 14 March 2025.