[2025] UKUT 209 (LC)

Mr and Mrs Anthony own and live in Welbeck House, a modern detached home in Retford. This decision concerns an application by them to discharge or modify a covenant that prevents them from completing the construction of a conservatory attached to the rear of their house. They would also like to install a large door or doors in the rear wall of their garage in order that they can bring large items such as garden furniture into their garden. At the moment there is only limited means to do so.

Mr and Mrs Hardy live next door in Roche House and have the benefit of the covenant which prevents alterations and additions to Welbeck House. They object to both the conservatory and the works to widen the doorway.

I inspected Welbeck House on the morning of 30 April 2025 in the company of Mr and Mrs Anthony. Their counsel Mr Healy was also present. I viewed the partially completed conservatory and the rear wall of the garage which already contains a door and window. I noted the spatial relationship between the two houses and then visited Roche House. I saw the rooms closest to the conservatory and viewed Mr and Mrs Anthony’s house from the garden. I was accompanied by Mr Healy.

At the hearing Mr and Mrs Anthony were represented by Mr Healy and Mr Hardy appeared on his own behalf and for his wife. He was assisted by his daughter, Lauren. I am grateful to both parties for their submissions.