[2025] UKUT 00253 (LC)

Case No: LC-2024-518

AN APPLICATION UNDER SECTION 84 OF THE LAW OF PROPERTY

ACT 1925

13 August 2025

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

RESTRICTIVE COVENANT – DISCHARGE OR MODIFICATION – planning consent for erection of new dwelling - access, parking and garden on application land – restriction preventing erection of buildings or structures and use other than as a private garden for domestic recreation – easement for access limited to purposes in connection with use as a private garden for domestic recreation – application refused

BETWEEN:

LESLEY ANN GARTON

Applicant

-and-

WHEATCROFT LAND (THOROTON) LIMITED

AND SIX OTHERS

Objectors

Land to the rear of Manor House, Main Street,

Thoroton, Nottingham

NG13 9DS

Mrs D Martin TD MRICS FAAV

Nottingham Civil Justice Centre

4 June 2025

Mr Mark Diggle, instructed by direct access for the applicant

Mr Richard Power, instructed by Knights, for the objectors

© CROWN COPYRIGHT 2025

The following cases are referred to in this decision:

Hotchkin v McDonald [2004] 1 P&CR 7

Re O’Byrne’s Application [2018] UKUT 395 (LC)

Shephard v Turner [2006] 2 P & CR 28

The Ridgeway (Oxshott) Management Ltd v McGuiness, unreported, 24/8/23, HHJ Monty KC