A Northamptonshire couple have won a lengthy legal battle with their neighbours, who wanted to convert a single family home into five separate properties, despite restrictive covenants being in place to prevent such redevelopment.
Ken Marshall and his wife won the case, heard by the Lands Tribunal, after their neighbours, Russell and Victoria Vince, had secured planning permission from Daventry District Council to convert their existing property in Barby, near Rugby, into five terraced homes, each with either two or three bedrooms. The Vinces have now had to pay the Marshall’s costs, totalling in excess of £25,000, as well as their own.
There were restrictive covenants on the property, Old Pinfold House, which were put in place over 30 years ago to ensure that the property remains as a single private house for occupation by one family.
The Marshalls, who have lived in a home adjoining the land around Old Pinfold House for 22 years, had objected to the initial planning application on the grounds the expansion would create extra traffic and noise in what is a very quiet village environment. They also believed extending the property to within two and a half metres of their home, would cause a lack of light and would also de-value their property.
The objections were supported by 14 letters sent to the local planning authority by other neighbours, but the council still granted planning permission and the Marshalls were forced to take legal advice and defended their position at a Lands Tribunal hearing.
Ken Marshall said: “We are very pleased that the Tribunal saw in our favour and has made the right decision, not only for us but for other adjoining neighbours. The covenants are very clear, that it should only be used as a single private dwelling house for the occupation of one family. Nothing in the locality has changed in the 30 years since they were put in place which would alter the benefits of the covenants.
“The local community have been very supportive and thankfully, after more than two years, justice prevailed”.
The Marshall’s solicitor, Joanne Murray of Stephensons Solicitors LLP, said: “This has been a very costly exercise for our opponents. Despite the challenge to the covenants we are pleased that Mr Marshall and his family are still able to enjoy what has been their family home for more than 20 years free from the disruption this re-development would have caused. It is a clear victory for common sense.”