Planning Guidelines

This document sets out the policies of the Oxshott Way Estate Association (the Association) towards the building of extensions and the redevelopment of properties on the Estate. It is intended to provide information and guidance to purchasers, residents, advisers and property developers and supersedes all prior policies and guidelines.

» The Association
» The Estate
» Established Planning Policies
» Planning Guidelines
» Development Fee
» Involvement in the Planning Process
» Maintaining the Planning Guidelines
» Further Information

The Association

The Association is the beneficial owner of The Oxshott Way Estate Holdings Ltd (the Company), which in turn owns the Estate roads, verges, common areas and infrastructure. The Committee of the Association is elected by the residents with a mandate to represent the interests of all of the residents on the Estate. The elected members of the Committee of the Association are also directors of the Company (the Directors). With effect from 1st January 2007 the Association delegated to the Company the role of maintaining the Estate, including dealing with all planning matters. The Directors are therefore responsible for the execution of the policies set out in these Guidelines on behalf of the Association and the residents.

The Estate

The Oxshott Way Estate is a desirable place to live largely because of its unique ambiance. The roads, verges and trees, together with the type and size of houses and house plots, provide the visual impact and peaceful environment, which make the Estate an enjoyable place in which to live. The Association’s role is to preserve, maintain and, where possible, enhance this desirable environment for the benefit of residents, both as a place to live and as a property investment.

In addition to maintaining the infrastructure of the Estate, the Association also has a vital role to play in maintaining its character. The Estate was originally developed in the 1930s in a consistent style that was heavily influenced by the Arts & Crafts Movement and the Surrey style as explained in the Surrey Design Guide. Over the years many houses have been altered and new properties built but the Estate has managed to maintain its overall character and charm, which are valued so highly by both existing and new residents. Thus the Association needs to concern itself with the type, size and number of houses on the Estate, which in turn leads to its involvement with planning issues.

Whilst the Association does not wish to hinder individuals' rights to improve or redevelop their property, situations can arise where individual interests are at odds with the interests of the Estate overall. In these cases the Directors will act on behalf of the majority of residents.

Established Planning Policies

Planning applications are reviewed by the Directors on a case-by-case basis with reference to the Planning Guidelines (see below). A number of guiding principles have underpinned our planning policies for many years and these have been endorsed by residents. These are as follows:

Infill Development

The Association has a strict “one house per plot” policy and the majority of the residents on the Estate have supported this by voicing strong objections to all recent attempts at infill development. The Directors regard the prevention of such development as their most important charge and will use all the resources available to them to resist it, including:

Seeking the support of all the residents to object to planning proposals
Refusing rights of access, including for additional services, across the verges and roads owned by the Estate
Rigorously enforcing any existing covenants preventing infill developments
Allocating Association funds to engage high quality professional support in dealing with these issues and, if necessary, approaching residents for a 'fighting fund'
Lobbying local councillors to oppose planning proposals

Covenants

There are a number of covenants in force on individual properties and, where appropriate, the Directors will rigorously enforce them.

Extensions

The building of reasonable extensions to existing houses will not normally be opposed, providing that they are in keeping with the original house in terms of their overall design and the materials used and do not contravene Elmbridge planning guidelines. Where an extension is particularly large, or where it does not conform to the Estate Planning Guidelines, which are based on the Elmbridge Borough Council Planning Guidelines, the Directors may oppose it on these grounds.

Demolition

The demolition of an existing house and its replacement with another single house will not normally be opposed, providing the replacement is built to a design and of materials in keeping with the overall style of the estate and surrounding properties. Again, a new house may be opposed on the grounds of excessive size – in terms of its overall mass in relation to its plot or its height.

Planning Guidelines

Recent years have seen a considerable increase in the number of planning applications for both major extensions and, particularly, for the demolition and redevelopment of existing properties. For this reason, the Association has decided to augment these policies by incorporating into the planning guidelines for the Estate the principles that underpin the planning policies of Elmbridge Borough Council (EBC).

All planning applications for the extension and redevelopment of properties on the Estate will be evaluated by the Committee in accordance with the criteria set out in Part 3 of the Elmbridge Residential Design Guidance Book, published by EBC. This is concerned with “character areas” and specifically relates to private estates in the borough, including the Oxshott Way Estate. The guidance book sets out the following General Principles:

The proposed layout (including building lines), scale, height and massing should be designed to reflect existing character and form.
The degree of separation and space between dwellings should be respected in order to retain the existing character of the area.
Seek contextual cues from surrounding buildings. This does not imply a slavish adherence to the existing style but requires sensitive design.
Avoid the repetition of identical built styles.
Promote the use of low key open or planted boundaries (depending on character of area) and avoid the use of high security treatments such as high walls, gates and railings.
The retention of existing vegetation within the layout should be maximised.
Ensure boundary treatment has regard to the existing character.
Parking, garaging and hard surfacing should not dominate the frontage.
Respect the building line if one exists.

The Directors will also consider proposals for redevelopment in accordance with the guidelines for the design and layout of residential development as defined in the Elmbridge Borough Local Plan 2000 as amended from time to time. The Directors will oppose any proposals for redevelopment, including extensions, unless they:

Respect the individual features of the site including levels and topography;
Are in keeping with the scale, proportion, levels, and layout of buildings, roads, parking provision and open spaces in the area;
Take account of the relationship between the size of the proposed and existing buildings, the plot size and the prevailing density of the area;
Are limited to a size that does not dominate the plot, in terms of the distance between existing and proposed dwellings, makes allowance for sufficient distances from all site boundaries to retain the degree of spaciousness and is not out of scale with other dwellings predominant in the surrounding area;
Take account of the need for adequate space between the proposed new building and those buildings remaining, commensurate with the size of building under consideration;
Are in keeping with the visual characteristics of any identifiable style, form or detail in the surrounding area;
Ensure that the height and massing of its various elements are not unduly prominent in relation to the surrounding area;
Avoid a cramped form of development;
Avoid overlooking and an unreasonable loss of privacy or amenity;
Ensure that the use of materials and landscaping are appropriate to the surrounding area;
Ensure that the siting of any new development, including garages, takes account of the existing building line, where distinct, and does not dominate the road frontage
Retain where appropriate existing landscape features particularly on all site boundaries, which make a significant contribution to the character of the locality.

Development Fee

The Association requires a Development Fee to be paid when a property is demolished and subsequently rebuilt. This payment is charged to offset wear and tear to the Estate roads and infrastructure caused by the demolition and construction works and is payable prior to the demolition of an existing building. The Development Fee is based on £10.00 per square metre of the total gross floor area of the new building as defined in the planning application form submitted to Elmbridge Borough Council. The Fee may be increased from time to time but increases will be limited to the percentage increase in the Tender Price Index of the RICS Building Cost Information Service from 1st January 2007.

Involvement in the Planning Process

The Directors wish to deal with all planning matters in a positive and helpful manner. Their experience is that mutually satisfactory outcomes are achieved where residents or developers engage the planning officers at the earliest possible stage in the planning process. The assistance of the planning officers has often eased the process of a planning application rather than restricted it or caused it to be rejected.

The Association also encourages residents to inform their immediate neighbours at the earliest opportunity of their intentions to undertake development work. The engagement of the owners of adjacent properties at an early stage will normally assist the planning process and help to avoid potential disputes or objections. The Directors may also seek the views of the immediate neighbours of the property concerned before commenting on plans to the owner or developer.

Where Estate processes are circumvented, resulting in an application to Elmbridge Borough Council for an inappropriate scheme, the Directors will take all necessary steps to have these schemes withdrawn or rejected in order to protect the Estate. Our success rates are high and it is therefore beneficial to work with us to avoid delays and additional costs.

The Directors have adopted a strict code of conduct in relation to potential or actual conflicts of interest and are required to either temporarily stand down or resign from the Company and the Committee in the event that they are personally interested in any redevelopment of property on the Estate.

Maintaining the Planning Guidelines

These guidelines are current as at April 2008. Any material changes to them will only be made with the approval of residents at a General Meeting. The latest version will be maintained on the Association’s website at www.owra.co.uk.

Further Information

Enquiries relating to planning matters should be directed in the first instance to the Planning Officer, Deputy Planning Officer or Chairman. Details of the current officers and members of the Committee of the Association (and Directors of the Company) can also be found here on the website.