[2025] UKUT 00253 (LC)

Notwithstanding my determination that I have no jurisdiction to modify the limitation on the use of the right of way, it remains open to the parties to negotiate an appropriate modification to that right. On the assumption that the right of way could be modified by agreement, I now consider the application for discharge or modification of the restriction over the application land, under grounds (a), (aa) and (c) of section 84(1).

I note here that for the majority of the application process the applicant was unrepresented, which led to a less than straightforward progression from the application to the hearing, particularly once solicitors were instructed to represent the objectors as a group. The details of the various applications and directions are not relevant to this decision, but I am conscious that much of the criticism of the application on behalf of the objectors has focused on shortfalls in the nature and quality of the documentation. But the Tribunal is familiar with unrepresented parties and must always bear in mind its overriding objective to deal with cases fairly and justly. I do not, therefore, intend to dwell on those criticisms, but simply to focus on the matters to be considered under each ground of section 84(1).