There is indeed, as you say, commercial activity in the Park, for instance the cafe. The crucial point is that such activity is 'ancillary to the use of the land as a public park or sports ground' (as prescribed in the covenant) for the use of the public in the Park and not for the private profit of some outside entity.
Any request for a variation/modification to the covenant has got to be considered by the Upper Tribunal (Lands Chamber). Residents can put their case to the tribunal, without need of a barrister, and are not liable for costs whether they win or lose. |