People have said "they should have known about the covenants" a number of times now. Here's what I did know.

In fact, just like perhaps most residents on our hill, and in fact TLERA themselves, restrictive covenants (RCs) on properties here were thought to be only relevant to the original title owner Highview Estates, who closed in 1996 (I think), and it was believed that to enforce any of the RCs, the matter needed to be channeled through/to Highview Estates who would do the legal enforcing. This was the belief of many, including the TLERA Committee, until Oct - Nov 2010.

So when I became aware of this issue through the planning process, my knowledge and belief was exactly the same as TLERA committee members and many residents, that these RCs were outdated (e.g. "burning lime") and/or unenforceable. I had also heard that they were judged to be unenforceable in earlier planning concerns involving TLERA (flats on the top of the hill etc.).

It was a barrister who lives on this hill, not far away from me - S Acton - who informed the TLERA committee of the validity of the RCs in late 2010, and after his introduction to my next door neighbours by TLERA at the start of this legal action, acted and still acts for them and, now also acts for TLERA in their recently organised 29 identikit objections earlier this month. I assume he is charging the usual decent barrister fees - quite simply because he will be ultimately getting them from me!

Further, I do not recall my conveyancing solicitor in 1999 pointing out these covenants to me, nor their significance, when I bought my house. Perhaps others might like to share if this was also their experience? I'm sure I'm not alone.

So, just to be really really clear:
I was as ignorant as the TLERA Committee (with all of their planning expertise and experience) and many other residents of the hill in the enforcability of these RCs.