Land Tribunal Decision

The Land Tribunal verdict has been received. The application by Colleen Cairns and Kim Moore to modify the covenant was refused.

More information including the hearing report can be found here.

A recent letter to Covenantors from the Chair of the Committee can be found below:

Dear Covenantor,

Lands Tribunal Case LC-2021-000472. Moore and Cairns 21 Cadehill Road

It is with great pleasure that I am writing to let you know that the Lands Tribunal was not satisfied that a case for modification of the covenant was made and the application has been refused.  The final paragraph states that:

‘This decision is final on all issues other than costs. The Tribunal’s usual practice where an

application under section 84 is refused is to direct that the applicants pay the reasonable costs

of the objectors, subject to an assessment of the amount by the Registrar of the judgement relates to costs’.

The Estates Committee will be pursuing costs.  This may take some time and I will let you know in due course how our application proceeds.

The Estate Committee is pleased that the verdict has now been received and that we can get back to normal.  This is an important judgement that means that the EC can continue its work in managing development across the estate and help to protect the environment for everyone living here.

We will be posting the judgment on the website so everyone who wishes to read it can access it easily.

Once we have considered all aspect of the judgement, we will call a separate meeting to discuss how we move forward

Myself and other members of the Estate Committee wish to thank all home-owners for their continuing support

Yours sincerely,

Helen S Rae