Local householders, especially those in Southern Road and Shakespeare Gardens who backed on to the proposed development, protested to the Land Tribunal. They said that the covenants are not obsolete because they secure practical and substantial benefits. In particular, they preserve valuable open space and amenity, provide quiet and light from the open field, and prevent visual intrusion. Houses in Southern Road and Shakespeare Gardens cannot be overlooked, so they are secluded and free from nuisance. Money would not be adequate compensation for the loss of these amenities. One typical householder claimed compensation, if development was permitted, equal to 50% of the value of his house.
The Inquiry was due in 1995. HORS lost and permission was granted, but the final development was smaller than originally planned, there were improvements to make the junction with Southern Avenue safer, and compensation was paid to those with adjacent properties.