Devon stables loses restrictive covenant battle over riding arena

A Devon stables has lost a court battle with neighbours over plans to build a fenced-off, all-weather riding area in field subject to a restrictive covenant. The owners of Newpark Stables, near Totnes, received planning permission to build a manège in 2020. They had bought the stables the year before, and were unaware at the time of the restrictive covenant on one of the fields. The covenant restricts the use of the field to the grazing of sheep and horses, and allows the building of a barn. The stables’ owners and are now seeking to have it removed. The covenant was negotiated in 2003 by the freehold owners of an adjacent farm. They oppose the planned development. It is an unusual situation, according to a ruling handed down earlier this week, because the planned development doesn’t involve the erection of a building. However, according to the ruling, both sides now agree that the covenant doesn’t permit horse riding in the field. In his judgment Martin Rodger QC, the deputy president of the Lands Tribunal, backed the covenant. “The purpose of the covenant was to give [the owners of the farm] some degree of control over the activities that took place in the fields surrounding their home,” he said. “We are mindful that the covenant was imposed in 2003, and the objectors are the original benefactors. It seems to us that it still achieves what it set out to do at its inception. “Neither of the ground of application have been made out,” he said, dismissing the case. To send feedback, e-mail newsdesk@eg.co.uk or tweet @EGPropertyNews