(1) A servient owner may apply to the court for an order discharging in whole or in part or modifying a freehold covenant (whether created before or after the commencement of this Chapter)  on the ground that continued compliance with it would constitute an unreasonable interference with the use and enjoyment of the servient land.

(2) In determining whether to make an order under subsection (1) and, if one is to be made, what terms and conditions should be attached to it, the court shall have regard as appropriate to the following matters -

(a) the circumstances in which, and the purposes for which, the covenant was originally entered into and the time which has elapsed since then,

(b) any change in the character of the dominant land and servient land or their neighbourhood,

(c) the development plan for the area under the Act of 2000,

(d) planning permissions granted under that Act in respect of land in the vicinity of the dominant land and servient land or refusals to grant such permissions,