[2007] EWCA Civ, 27 July 2007. Considers whether the approach taken to vary a covenant in order to convert a house into flats, supported by planning permission, was correct. The appellants (C) owned one of a pair of semi-detached houses. The respondent developer (L) purchased the other in order to convert it into flats. C and other neighbours objected, but L succeeded in obtaining planning permission for the conversion in variation of a covenant preventing the conversion. The permission had been granted on the basis that the two houses, although joined, were a separate entity; and also on the basis that more housing was needed in London, as reflecting in local planning policy. C appealed. "Held": There was no presumption within the Housing Act 1985 s610 suggesting a variation of the covenant. The court should make its own assessment of the issues and take account of them even if they had already been considered by the local planning authority. Matters raised by C were outweighed by factors in favour of variation, including the need for more housing in London. This did not mean passing judgment on planning policy. Appeal dismissed.