Perrys (Ealing) Limited who were based in Uxbridge Road, Ealing W5 in the 1920s/30s created the well-ordered "Banstead Common Estate" includng plots in Burgh Wood, Hillside and Green Curve in Banstead, Surrey. Restrictive covenants were imposed on each sale by Perrys limiting density to one house per plot. Despite the passage of some 95 years, the estate is still very much intact. During the last 17 years residents have seen off 6 sets of developers in 4 roads on the estate and not a single backgarden development has been effected despite countless planning applications and appeals. In the latest very recent case, "Wilshaw & Another v Square Motion Limited" (Claim No.PT 2024 000269), the High Court of Justice has issued a Declaration that a restrictive covenant imposed by Perrys in 1933 is valid and enforceable against a would-be developer who has made 3 planning applications to date. This means that no extra house can be erected on the back garden of the original 30s plot. The developer has been ordered to pay over £28,000 legal costs to the main Objector who resides next door and who brought the court action. The December 2023 NPPF and London Plan definitions in their glossaries specifically EXCLUDE domestic gardens from a "Brownfield" classification and gardens are otherwise known as "Greenfield" land. The national re-classification originally took place on 9th June 2010. Amazingly, I hear that some planners are still telling residents that gardens are "Brownfield" land! Victor Mishiku  15/7/2024

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