[2025] UKUT 242 (LC)

No.24 is a two-bedroomed, two storey Victorian House. The original property is different from those around it, in that it is a double width plot, with what was originally a stable building with hayloft to the rear – located where ‘24A’ is shown on the plan below.

24A is now also a two storey house, in the converted stable building. Of particular relevance to this application is the conservatory which is attached to it, at right angles, and which has views over the garden, down the drive, and across to the public open space across Elm Road. The plan below shows the arrangement:

In 1986, former owner Mr Ian Vincent divided his title into two parcels, with no. 24A being formed in an L-shape around no. 24 (to the side and behind). He then sold no.24 to a Pia Varnava by way of a transfer dated 26 August 1986 in which, as far as relevant to this application, the purchaser covenanted as follows:

“… that she the Transferee and her successors in title shall at all times observe and perform the stipulations and restrictions following [in] the relation to the property namely:-

a)

the external plan or elevation of the dwellinghouse shall not be altered or permitted or suffered to be altered nor shall any building or erection other than the said dwellinghouse be erected on the land.”