[2025] UKUT 295 (LC)

None of the benefits claimed by the objectors is of substantial value or advantage, and their loss could easily be compensated in money as we have found above. We are directed by section 84(1B) to bear in mind “the development plan and any declared or ascertainable pattern for the grant or refusal of planning permissions in the relevant areas, as well as the period at which and context in which the restriction was created or imposed and any other material circumstances”. As can be seen in the above discussion we have had regard to the comments of the planning officer who approved the works, to development nearby, to the changing character of development in Fairfield Road and to the variety of architectural styles now found there. Those matters only go to reinforce our conclusion that the Tribunal has jurisdiction to modify these restrictions.