Full details of the process and the form on which applications should be submitted to the Estate Committee are available on request to the Secretary. Applications should consist of two copies of the building, location and block plans. The procedure generally followed by the Estate Committee is that applicants submit plans to the monthly Estate Committee meeting. Committee meetings take place on the second Wednesday of each month (except August). Following receipt of an application, letters (P1s) are sent out to all neighbours potentially affected by the proposed construction to seek their views and a member of the Estate Committee visits the site with the plans to conduct a survey. That Committee member then gives a report to the next Committee meeting following which a decision is taken. Because the Estate Committee have the final decision as to whether and application will be approved or refused applicants usually apply to the Estate Committee before they submit plans to the county planning authority. Approval is granted by the issue of a P2 form. On completion of the building works a Committee member will conduct a further survey and if the construction has been carried out in accordance with the approval will issue a P3 form which can then be provide to subsequent purchasers. The Committee may exercise its discretion to adapt this process in any individual case it may for example wish to conduct a survey before building works are completed to ensure the finished construction will comply with the permission that has been granted, As regards all applications the Committee will:

  • Consider all applications in a fair and transparent manner
  • Act honestly and in good faith and not for some improper purpose
  • Advise applicants as to Committees policies and procedures
  • On request provide written reasons for our decisions

Applicants are encouraged by The Estate Committee to discuss proposals with neighbours prior to making an application

The criteria applied by the Estate Committee in determining applications

The Mandatory Criteria

Batt House Road and New Ridley Road: 12.2 metres
Crabtree Road and Birches Nook Road: 8.2 metres
West Side of Adams Band: 8.2 metres
Ridley Mill Road: 3.0 metres
All other roads: 18 Metres
In any new development, including a new highway, the minimum building line shall be 15.2 metres
Note – The mandatory building lines cannot be changed by the Estate Committee. They serve to prevent buildings being erected any closer to roads than the prescribed distances. In effect they create strips of land abutting all roads on the Estate. The Committee has no discretion when considering applications to build on those areas and must refuse approval to any application that would contravene these restrictions. The distances stated have been updated to the metric system. As the High Court has recognised, the power of the Committee to grant or refuse approval is not limited to a mere determination of whether or not the proposed buildings fall within the areas of restriction set out in the Mandatory Criteria; were that the full extent of the Committees powers it would be powerless to protect the character and amenity of the Estate by refusing approval to buildings proposed to be erected on that vast majority of the Estate that falls outside the Mandatory Criteria restrictions; the Committee would not for example be empowered to refuse approval to any proposal to build even multiple dwelling houses on an existing garden area.

The Discretionary Criteria

The Estate Committee apply the following Discretionary Criteria:
The minimum plot frontage shall be 33 metres
No part of any dwelling or extension shall approach closer than 4.6 metres to a single boundary, except in the case of an extension or alteration to provide a single storey garage or car port which shall not approach closer than 0.9 metres to a boundary
No part of ant non-habitable outbuilding (garage, shed, greenhouse etc.) shall approach closer than 0.9 metres to a boundary
The design and materials used for extensions and alterations shall match or blend with those of the existing building. For new dwellings the design and materials chosen shall harmonise with exiting development win the vicinity. Natural materials of good quality and weathering properties are to be preferred. Short lived materials and corrugated metal will not be acceptable
The boundary of each property should be marked and the design and materials of any fencing must harmonise with the surroundings
Note – Successive estate Committees have established discretionary criteria to apply when considering applications and by which the have sought, in the words of Mr Justice Millet, “to preserve the character and amenity of the estate by with-holding or granting permission”. These discretionary criteria (commonly referred to as guidelines) have in recent decades been published to :
• provide guidance to prospective applicants whether their applications is likely to receive approval
• prevent any perception the applications are considered in an inconsistent or arbitrary manner
• ensure that a consistent and structured approach is taken by the Estate Committee
The discretionary Criteria are merely guidelines, therefor, if the Committee receives an application that does not conform to the criteria/guidelines it may still exercise its discretion to grant approval if it decides that the proposal would not be detrimental to the character and amenity of the Estate or set a precedent which would be so detrimental. Conversely the Committee may exercise its discretion to refuse approval to a proposal that conforms to the criteria/guidelines if it decides that to grant approval would be detrimental to the character and amenity of the estate or set a precedent that may be so detrimental.
When considering applications it is incumbent on the Committee in every case in the words of Mr Justice Millett, to ensure that the decision is “given honestly and in good faith and not for some improper purpose”

 

The Process

Application Process Part 1
Click to view PDF

Application Process Part 2
Click to view PDF

 

Checklist updated November 2016

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