[2025] UKUT 00253 (LC)

Fecha: 13-Ago-2025

Conclusions

Determination

67.

I determine that I have no jurisdiction to modify the restriction under ground (a) that it ought to be deemed obsolete.

68.

I determine further, based on my observations during inspection and the evidence I heard, that the practical benefits secured by the restriction are of substantial advantage to the objectors and I therefore have no jurisdiction to discharge or modify it under either ground (aa) or ground (c).

69.

In any event, the Tribunal would be slow to exercise discretion to modify a restriction entered into so recently.

Mrs D Martin TD MRICS FAAV

XX August 2025

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.

APPENDIX 1 – LIST OF OBJECTORS

Wheatcroft Land (Thoroton) Limited

Mr Andrew Smith (4 Thoroton Farm)

Mr John and Mrs Katie Prestage (5 Thoroton Farm)

Mr Richard and Mrs Deena Tomlinson (7 Thoroton Farm)

Mr Richard and Mrs Jayne Saville (8 Thoroton Farm)

Mr Leonard and Mrs Sonia Garratt (9 Thoroton Farm)

Mr Adrian Page and Ms Pippa Gregory (10 Thoroton Farm)