Hodgson & Anor v Cook & Ors [2023] UKUT 41 (LC)
In an application brought under s.84 of the Law of Property Act to modify a restrictive covenant, Oliver Shipley represented the objectors to the application. The restrictive covenant provided “no trade business or profession shall be carried out upon the plot and the plot shall not be used for any other purpose other than as one private dwelling.”
The applicants’ objective was to modify the covenant to permit the use of the cabin in the rear garden of the property for the purpose of running a beauty therapy business in accordance with the planning permission granted to them by East Riding of Yorkshire Council.
Following a contested hearing with submissions in support of the objection, the Upper Tribunal declined to modify the restrictive covenant, citing that the covenant protects aspects of the estate that should be maintained.
The full judgment is available here.