[2006] EWCA Civ 8, 23 January 2006. Considers whether the concept of reasonable user in the Law of Property Act 1925 S 84(1)(aa) referred to the long-term use of land rather than the process of transition to such a use. Appeal by S against a LT decision permitting modification of restrictive covenants affecting eight houses in a cul-de-sac. T applied to modify the extant restrictive covenants under the Law of Property Act 1925 S84(1)(aa) to permit construction of a dwelling and a garage. LT held that the modification would not injure S or affect the value of their properties even taking into account the thin edge of the wedge factor in permitting the development. S submitted amongst other arguments that LT had applied the wrong legal test and was wrong to conclude that the overall benefits secured by the covenants were not of substantial value within s84(1)(a) of the 1925 Act. "Held": appeal dismissed. LT had not applied the right legal test. The concept of reasonable user in S84(1)(aa) of the Act referred to the long-term use of the land rather than the process of transition to such a use. The primary consideration was the covenant's value in providing protection from the effects of ultimate use rather than from the short-term disturbance inherent in any construction project.