Wild’s Application [2012] UKUT 306 (LC)

Restrictive covenants – discharge under s84 LPA 1925

Summary

The Applicants applied to modify a restrictive covenant on grounds (aa) and (c) of section 84 of the LPA 1925 in order to allow them to undertake extensive works to their bungalow – works for which they had already obtained planning permission.

The Tribunal refused the application on the basis that the covenant secured practical benefits of substantial value or advantage to the Applicants' neighbours, illustrated particularly by the fact that "the development would be hugely prejudicial and that the 'density and massing...would be far in excess of what it would be reasonable to impose...'" The Tribunal was also satisfied that the ability to prevent overlooking was a substantial benefit in these circumstances.