Steven Stuart Johnson & Anor, An Application by
[2022] UKUT 294 (LC)
Panashe Muskwe & Anor v Michelle Cochrane
31 October 2023
[2023] UKUT 262 (LC)
Upper Tribunal
Neighbours were worried about a house next door becoming a children's home, but the judge decided it was okay because there wouldn't be much harm to the neighbours, and the home would be properly supervised. The rules on the house were changed to let it be a children's home.
Key Facts
- •Application to modify restrictive covenants preventing use of 6 Hereford Drive, Braintree, Essex, other than as a single private dwelling.
- •Applicants sought modification to operate a residential care home for up to four children/young persons (planning permission granted).
- •Objector, Ms Cochrane (neighbour), raised concerns based on experiences during a period of breach (January-November 2022).
- •Concerns included police/ambulance callouts, property damage, noise disturbances.
- •Applicants presented expert valuation evidence suggesting no adverse impact on property values.
- •Tribunal inspected the property and considered evidence from both sides.
Legal Principles
Tribunal can modify restrictive covenants if their continued existence impedes reasonable land use for public or private purposes, and they secure no practical benefits of substantial value or advantage, or are contrary to public interest.
Law of Property Act 1925, s.84(1)(aa), (1A)
Tribunal can modify restrictive covenants if modification will not injure persons entitled to the benefit of the restriction.
Law of Property Act 1925, s.84(1)(c)
When determining modification, the Tribunal must consider the development plan, planning permission patterns, the context in which the restriction was created, and other material circumstances.
Law of Property Act 1925, s.84(1B)
Outcomes
Application granted. Restrictive covenants modified to permit use as a residential care home for up to four children/young persons, subject to planning permission conditions.
Impeding the proposed use did not secure practical benefits of substantial value or advantage to the objector. The planning permission and evidence suggested no significant negative impact on neighbours.