CA 5 November 1990. An appeal against the HC decision that the use proposed by the SoS of two properties on an estate for four people in a half way house , would constitute breaches of restrictive covenant . In the six months prior to the appeal the SoS continued the use of the houses, during which time the number of staff on duty decreased. Any medical attention the residents received was available to anyone in their own home. There had been no friction with other estate residents. The SoS argued that as the covenant was entered into in 1989, after the Town and Country Planning (Use Classes) Order 1987 had introduced the new class of C3 , dwelling house defined as a residence for not more than six residents living together as a single household , the houses were being used as a dwelling-house in the eyes of planning legislation. The covenant should therefore be construed to the like effect. This was upheld by CA.