Mark Eaton of H.P.L.P successfully acted for a Residents' Association and Individual freeholders in opposing an application by a resident to allow her to extend her house in compliance with planning permission.
All properties on the estate were subject to restrictive covenants intended to preserve its character and integrity. Over a three day hearing the resident argued that the covenants should be modified so as to allow her to build her extension on the ground that the covenants interfered with her reasonable use of her land and did not secure any substantial benefit or advantage to the other residents.
The Tribunal upheld the Residents' argument that the covenants did secure substantial benefit and advantage and dismissed the application.
The case illustrates that the fact that although the Tribunal has jurisdiction to discharge or change restrictive covenants on a number of grounds, it will uphold covenants that genuinely protect residents' interests.
If you have any questions regarding the variation or discharge of restrictive covenants or their enforcement contact Mark Eaton here.