If Piplings hadnt opened the Nursery in breach of the covenent and knowing full well that their close neighbours were unhappy with the prospect of a 24 child/5 staff business next to them, then children would not have to be separated from their friends.

When planning permission is approved, Council's do not care about covenants. That is a separate issue governed by law and it is there to provide a level of protection. Covenants are explained to purchasers by their solicitors (if they are any good!) when they buy property or land and can make purchases either attractive (in this case for residential buyers) or less so (for business people), depending on the terms. Piplings should have been aware that there was a covenant on their property and that it [/i]could[/i] be enforced. It seems to me they are taking a gamble that they can use their home for this business in spite of their neighbours' opposition. They should know exactly what they are doing and the consequencies of their actions.

This business is of a significant size and I would expect the TLRA to be concerned and support the neighours whose homes are negatively impacted - in much the same way they have provided their support against the application to knock down a [/i]family house in Cannonbie road to build a block of imposing flats. This is despite a recognised national housing shortage, that incidentially none of the moral, do-good crowd seem to be in favour of. Intersting isnt it?