[2025] UKUT 209 (LC)

The covenant is contained in a transfer dated 10 February 2004 between Christopher Michael Hardy and Patricia Jane Hardy and Hardy Rose Limited. It states that:

“9.

One dwelling only to be constructed on the Plot in accordance with Local Authority Town and Country Planning requirements and no alteration or addition to be made to the dwelling without the specific written consent of the Transferor. This is with the exception of the construction of a greenhouse and or garden shed of a reasonable size for domestic purposes only any such condition has not been complied with by the Transferee”

It is worth noting that of the four properties on the development only Welbeck House and York House (Plot 4) are bound by the restrictive covenant. This is not therefore a situation involving a ‘building scheme’ where a development is subject to covenants intended to be enforceable by the owners of all the houses against one another.