DEVELOPMENT GUIDANCE FOR THE ASHLEY PARK ESTATE. 1. Introduction and recommended key steps to secure APRA approval 2

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1 Page 1 of 14 DEVELOPMENT GUIDANCE FOR THE ASHLEY PARK ESTATE INDEX Page 1. Introduction and recommended key steps to secure APRA approval 2 2. General Development Guidelines for Ashley Park Estate 4 3. Information required with an application for APRA approval 9 4. Fees for APRA approval of building plans Refundable deposit payable before start of construction APRA initiatives to minimise the nuisance from building works APRA inspection of building works Penalty fees for non compliance with APRA conditions A brief guide to Elmbridge Borough Council Planning Services 13

2 Page 2 of 14 DEVELOPMENT GUIDANCE FOR THE ASHLEY PARK ESTATE 1. INTRODUCTION Properties on the Ashley Park Estate are subject to a number of common restrictive covenants which the Ashley Park Residents Association Limited (APRA) will administer and enforce in the overall interest of the residents of the Estate. The purpose of this document is to enable owners contemplating building works requiring APRA s consent to understand how APRA administer the covenants relating to any changes to their property. It is hoped that the information in this document will help them to produce proposals that are acceptable to APRA. However each application will be considered on its merits and this guidance is for general information only. The Principles of APRA, which were updated in 2010, are published on a separate page on the APRA website, These principles have been applied in formulating the more detailed development guidance that is contained in Section 2 of this document. Elmbridge Borough Council (EBC) is the Local Planning Authority for all properties on the Ashley Park Estate. They control development in the general public interest. Planning permission and building regulations approval must also normally be obtained from EBC. However, certain building works are now exempt from EBC planning requirements but in most instances they will still require APRA approval. To avoid delays and a possible need to revise the EBC application you are strongly advised to obtain APRA approval of your plans before they are submitted to EBC. Most types of building works and alterations to existing buildings require the consent of EBC, either under the Town and Country Planning Acts, and/or under the Building Regulations. This applies even if the work is a Permitted Development under the planning regulations and does not require specific planning permission from the Local Authority but requires their certification as being lawful. The procedures to be adopted in applying to EBC are explained on their website at under the Planning sub menu. Applicants and/or their professional advisors are encouraged to meet with at least one of the three members of the APRA Planning Committee for informal discussions about their proposed scheme before a formal application in accordance with the covenants is lodged. Meetings can be arranged and application forms obtained by contacting:

3 Page 3 of 14 Nigel Stapleton, Chairman of APRA Planning Committee Ashley Walls, 76 Ashley Park Avenue, Walton on Thames, KT12 1EU or by ing: nigel.stapleton@btinternet.com. The approval of plans and materials for the construction of dwellings, extensions, outbuildings etc. is one of the most important activities that APRA undertake to support residents in helping to preserve the attractive and semi rural character of the estate. Plans to install a satellite dish or solar panels or to construct minor extensions, swimming pools or garden sheds/summerhouses or to make major modifications affecting the appearance of an existing building all require APRA approval even though they might be exempt from EBC planning approval. The recommended key steps in securing APRA approval are: 1. Prepare plans for your project which take into account the development guidelines for the Ashley Park Estate (explained in section 2 of this paper) 2. You are most welcome to consult informally with members of the APRA Planning Committee before you submit a formal application. The Planning committee comprises three members who meet regularly except during holiday periods. 3. Submit your formal application. The required content for this application is explained in Section 3 of this paper. The application must be supported by payment of the applicable planning fee, the schedule of which is set out in Section You can expect feedback from the APRA Planning Committee within two to three weeks, although it may take a little longer during holiday periods. 5. APRA approval, if granted, will be subject to a number of conditions including your agreement to comply with APRA s conditions applying to contractors and to ensure that all contractors working on site do likewise at all times. 6. File for Elmbridge Borough Council planning permission where appropriate (See Section 10) 7. Before work is started on site you should advise APRA of the construction timetable and submit a layout plan for any semi-permanent equipment to be installed on the site during the construction phase. For major developments and significant extensions a refundable deposit is also payable at this stage (Section 5) 8. APRA will monitor compliance with the approval conditions as the project proceeds and will take action if there are any breaches (refer to Sections 6 and 7)

4 Page 4 of APRA will refund the deposit upon completion of the project subject to any deductions for repairing damage to either the APRA verges or the Estate roads and for any penalty fees for breach of the APRA approval conditions (Section 9).. 2. GENERAL DEVELOPMENT GUIDELINES FOR THE ASHLEY PARK ESTATE 2.1 General Considerations When considering a proposed development, APRA assesses its impact upon adjoining properties and on the character of the estate as a whole. The criteria applied by APRA take into account, but are not identical to, those applied by EBC. The Ashley Park Estate is comprised of private houses for family occupation with good separation from each other and in a mature, tree planted setting, which offers an attractive park like feel. Any proposed development should comply with all relevant EBC policy guidelines and be designed and situated so that it does not detract from the character of the estate. Each property - and any redevelopment of it or extension to it - should be in harmony with the size, shape and character of its plot and the neighbourhood. It should also respect the usual space between buildings in the road as well as the norms in terms of building mass and scale. In addition it should also not impact adversely on the visual amenity of the street scene and of neighbours. The scale of any new construction is of considerable importance and it will be evaluated by APRA in relation to the road in which the property is located, the size of the plot and its immediate surroundings. The location of a building on its plot also requires careful consideration. The appropriate distance from the boundaries will be influenced by the size, shape and orientation of the house and its ancillary buildings, the proximity and aspect of neighbouring houses and the extent of natural screening. The height of a dwelling together with its bulk can have a considerable impact and these two features must be sympathetic with the general street scene and in proportion to the size of its plot. For example, there have been some concerns over recent proposals for replacement houses which incorporate a deep rectangular plan shape, gable ends, and/or a steeply pitched roof with a flat section at its centre. Such design features inevitably have far more impact on neighbours and the street scene than a more traditional house with a hipped roof rising to a central ridge.

5 Page 5 of 14 APRA will concern itself with the design of a building, even if it is well screened. In particular APRA will, in its consideration of an application, look at its impact on the immediate street scene and the overall effect on the estate if such a development were to be replicated in other parts of the estate. 2.2 Effect on Neighbouring Properties When assessing a proposed development APRA will pay particular attention to the effect the proposal may have on neighbouring properties. As far as possible the proposed works should not affect the privacy of a neighbour s house and garden nor should it affect significantly neighbour s out-look, light and air. This is particularly important to ensure the high standards of the estate are maintained and to ensure compliance with restrictive covenant No 4. For example, proposed dormer windows in a second floor roof space should be sited to minimise the degree of overlooking of neighbours houses and gardens. Ancillary structures such as garages, swimming pools, tennis courts, barbecue areas and the like which may cause noise, smells or other nuisances should be carefully sited to minimise the impact on neighbouring houses. 2.3 Location, Scale and Separation APRA operate some rules of thumb when assessing proposals that are submitted by property owners but these should be regarded only as useful guidelines and not as prescriptive approval criteria. Each plot shall be occupied by only one dwelling house. Where separate units are considered acceptable, such as granny annexes, they must remain ancillary to the main house in perpetuity to accord with restrictive covenant No 3. No business activities other than those that are purely ancillary to the principal residential occupancy of the dwelling will be permitted. Restrictive covenant No.2 establishes a front building line of metres or 45 feet minimum distance from the road. Additionally, in most cases, the rear elevation of a new or replacement dwelling should not extend appreciably beyond the building line established by adjacent houses. The building should generally not exceed 9.0m in height. However, of equal importance is that its appearance should be in harmony with street scene. In some cases, therefore, a height of 9.0m. may be excessive. Any building is to be a minimum of 1.5m distance of any site boundary line, although in Ashley Park Crescent and Linden Grove where many of the plots are smaller this distance could be reduced. However when assessing what is a suitable distance from the side boundary for a particular plot APRA will consider the size and shape of the house, the proximity of neighbouring houses, the effect on sight lines from windows on the side of the adjacent houses and the extent of natural screening. This

6 Page 6 of 14 distance will therefore, often need to be increased to 3.0m or more in some of the roads on the estate. It is unlikely that proposals resulting in the buildings footprint on the plot (measured by taking the largest dimension of the external walls along each of the four main elevations) exceeding 20% of the area of the plot will be permitted. The area of the buildings includes garages, swimming pool buildings, garden rooms and the like. Normally side windows at first floor level would be expected to be shown as obscure glazed and non opening and if the natural screening were not sufficient then the same would apply at ground floor level. The scale and mass of the design should also be in harmony with neighbouring properties. Parking and garaging should not dominate a site frontage. A development will not be allowed if there is insufficient space in the garage and the front forecourt to accommodate all cars likely to be used by permanent residents of the property. As a guideline, there should be off road parking for one car per bedroom in the property. For this reason, it is important that garage space be used to accommodate vehicles and not for storage or other purposes. 2.4 The verges in front of the property The grass verges in front of the properties are an integral part of the appearance of the estate. The verges and the roads on the estate are owned by APRA and their protection and maintenance at all times is ensured by restrictive covenant No.13. APRA will not give approval to any proposals which either remove any trees or bushes on the verges or replace such verges with hard surfacing during the construction phase. In exceptional circumstances adaptation of the verges may be permitted for a temporary period during the construction phase to minimise the obstruction to estate roads from the parked vehicles of building contractors. However in such instances the verges have to be reinstated promptly by the developer at the end of the construction phase, at their cost and to APRA s satisfaction. Any work on the APRA verges to connect or disconnect utility supplies must have prior approval from APRA. Such works must not obstruct the passage of other occupants of the estate and the affected areas must be made good promptly under restrictive covenant No.12. Under no circumstances will APRA permit any work to be undertaken which disturbs the Estate roads If there has been any deterioration of the road surface abutting the APRA verges during the construction phase, APRA may also require the developer to install curbing to an approved design along the verge at the end of the construction period.

7 Page 7 of Construction Management Each application for a significant development will need to be accompanied by a construction management statement and a plan to ensure that storage and construction can take place on site without any encroachment on neighbouring properties or the APRA owned verges and roads. The construction management statement must also allow for all boundaries visible from the road to be fenced off by a hording of between 2.0m and 2.5m in height, painted in the colour Racing green for the duration of the work. The parking of vehicles on the estate roads is not permitted except during those hours when APRA s rules allow construction activity to take place. No parking is permitted on grass verges at any time, nor must any skips be parked on the roads or verges at any time. APRA regulations require subject to certain exceptions that the maximum number of contractor vehicles anywhere on the estate for each site at any one time should be four, unless a greater number of vehicles can be parked either across the frontage of the property or on the site itself. Each Construction Management Plan must make available adequate space for waste disposal and recycling. Any waste material containers must be stored where they are not visible from the road. Construction waste cannot be burned and must be disposed of away from the estate Application of these Guidelines to Extensions It should be noted that where an extension to an existing dwelling is substantial, APRA will apply the guidelines on plot ratio, height and separation distances from boundaries as if a new or replacement house was being proposed Fences, Walls, Gates and Security The restrictive covenants require boundaries to be defined by hedges of between 1.22 metres (4 feet) and 1.8 metres (6 feet) in height generally with evergreen or beech hedges. However APRA will normally accept green plastic coated chain link fencing not exceeding 1.8m high, provided it is adequately screened with an evergreen or beech or similar hedge. Palisade security style fencing is unlikely to be allowed Any flank boundary fencing must be set at least 2.0m back from the site boundary and be screened with evergreen planting so as to be invisible from the road or neighbouring properties.

8 Page 8 of 14 APRA accepts that residents may wish to take steps to enhance the security of their properties by erecting front gates, fences and walls. Generally this type of enclosure - especially if it is of brick or stone construction - will not be acceptable on any boundary. This is because it will produce an urban and unattractive feel to a semi rural street scene in which front boundaries tend to be low and marked by shrubs or hedges. Where electronic and other gates and associated piers are permitted they will have to be set sufficiently well back into the property to ensure that vehicles seeking entry do not obstruct the road when waiting at the gates..this implies a bellmouth entrance of at least 6m. in length (1 car) to enable vehicles to pull up off road. The gates themselves should not exceed 2.0 metres in height and the piers, including any capping or lantern should be no more than 2.2m high. APRA have a strict policy of not allowing any change to the current access point from the property, across APRA s verges and onto estate roads. This is because a proliferation of driveways will detract from the rural character of the estate and might create a traffic hazard. Under exceptional circumstances APRA might allow the current access point to be moved to a new position but only if it does not create a traffic hazard or affect adversely neighbouring properties. In such an instance the old access point would need to be formally closed and attractively planted or otherwise sealed off. If a driveway is, with APRA s permission, widened to allow for entry of construction vehicles then, after construction has been completed, it must be re-instated to the original dimensions. Where a property is currently served by a single driveway, it must be replaced with the same. Construction of a second entrance will not be permitted. Any new driveway across an APRA verge must be constructed to a specification approved by APRA. Roadside ditches and culverts are vital for the removal of surface water from the estate. They are owned by APRA and they should not be blocked or reduced in section. Where a driveway crosses a ditch, then a culvert of adequate size should be installed. Similarly, many verges contain conduits for utility services and these must be protected carefully during construction Trees, Landscaping and Ancillary Works No trees or other landscaping on the verges owned by APRA can be disturbed during any building works at a property on the estate. When considering an application for building works, APRA need to see both the building plans and a site landscaping plan. The owner must have prior APRA approval for the landscaping plan and this is unlikely to be granted if any tree having a diameter of 225mm (9 inches) or more measured at 600mm (2 feet) above the ground is to be felled or lopped unless this is necessary to extend the footprint of the property.

9 Page 9 of 14 APRA views any non compliance with the approved landscaping plan as a most serious matter because the trees are an intrinsic part of the attractiveness of the estate and if trees are felled without prior approval then the property owner will be expected to remedy the breach. To protect the character of the estate, existing trees, shrubs and landscaping features should be preserved wherever it is practicable to do so. If it is necessary to remove trees to carry out a development, APRA will expect them to be replaced on at least a one for one basis. This is considered vital to ensure a continuation of tree cover on the estate in the future. The replacement trees should be of a reasonable size and native to the area. Garden and security lighting can be very obtrusive if it is not designed sensitively. Care should be taken to minimise its impact on neighbouring properties and to prevent unnecessary light pollution. Lastly, restrictive covenant No.10 controls all advertising matter, and it should be noted that Estate Agents or tradesmen s boards must not be displayed on any property within the estate. 3. INFORMATION REQUIRED WITH AN APPLICATION An application to APRA for approval of any building works should include as a minimum, two copies of an application form (see separate document) and two copies of the following drawings: - A location plan to a scale of 1:1250 or 1:2500 showing an area sufficient to identify the position of the site on the estate and with a red line around the site to demonstrate the land owned by the applicant. A site plan to a scale of 1:500 or larger showing the existing and proposed buildings and their relationship to plot boundaries and to adjoining neighbouring houses, including those on the other side of the road and at the rear of the property. This plan should show the measurements of the proposed new property in terms of width, depth and height in metres as well as the distances at all key points along the front elevation from the road. The distance from the rear elevation to the rear boundary of the plot should also be shown. A landscaping plan of the site also at a scale of 1:500 or larger showing the trees and shrubs now existing and those proposed. In particular all trees and the specie - that will be lost should be clearly identified. Changes to the boundary protection should be described clearly. The number, size and

10 Page 10 of 14 species of replacement/new trees should also be identified. This plan should also give details of any security lights, flood lights or other garden lighting. Existing and proposed floor plans showing the internal layout to an appropriate scale (1:50 or 1:100) gross floor areas of habitable and non habitable buildings should be indicated for the existing and for the new or extended buildings making clear areas which, if any, are to be demolished. For extensions or alterations the new work should be clearly distinguished. Existing elevations (where buildings are being retained) and proposed elevations to a suitable scale (1:50 or 1:100). For extensions and alterations, the new work should be clearly distinguished. For new houses or substantial alterations or extensions, a site construction plan showing car parking sufficient for all contractors vehicles and adequate areas for materials storage, plant etc. The location of temporary structures to be erected on the site during the construction period should also be shown. If all the above information is provided, and the appropriate planning fee has been paid, APRA will normally be able to give a formal opinion on the application within a two to three week period. This period is likely to be longer during holiday periods. 4. PLANNING FEES It is APRA s policy that the costs arising from vetting applications under the covenants and from carrying out building works should be borne by those who benefit and not by the residents generally. Members of the APRA Board give their services without any remuneration so the planning fees reflect only a contribution to APRA s fund for the maintenance of estate roads. The levels of fees take account of the additional wear and tear to estate roads from construction vehicles.

11 Page 11 of 14 The Council therefore requires applicants to make payments at the time when they submit their application for APRA approval: - These fees are published in a separate document updated periodically. A planning fee is refundable if APRA decline to give approval to a project and it does not therefore proceed. APRA planning approval is effective only if the project is started within three years of the approval having been issued. Upon request, APRA will refund the planning fee if the project has not started at the end of this three year period. 5. DEPOSITS Applicants for demolish and rebuild projects and for any major extension to an existing property will be required to lodge their refundable deposit with APRA before work starts on site. This deposit will be returned once the contractors have repaired all specific damage to roads and verges in the immediate area of the development and providing all other conditions applying to contractors have been adhered to during the construction period. No interest will be paid on deposits. 6. MINIMISING THE NUISANCE CREATED BY BUILDING WORKS The general installation of machinery for private domestic use is permitted under restrictive covenant No.6 but it is subject to certain controls to prevent nuisance being caused to other occupants of the estate. APRA recognises the right of owners to improve their properties, but at the same time it is aware of the nuisance building works cause to their neighbours. APRA have therefore, put in place a number of measures designed to minimise this nuisance. These are in the form of APRA s Conditions Applying to Contractors. Acceptance of these conditions by the property owner, and their commitment to ensure that all contractors adhere to them, is a pre-condition of APRA s approval for any development on the estate. It is recommended that owners should incorporate these conditions in the contract with their builder. The conditions will include a timetable for the proposed development The current version of the APRA conditions including those applying to contractors - is published as a separate document. These are revised from time to time and the applicant will be required to adhere to the conditions in place during the duration of the development. APRA have in place procedures to monitor compliance with these conditions. A principal requirement to minimise nuisance to neighbours from construction works is that building work is only permitted between the hours of 8a.m. and 6p.m. on weekdays. No Contractor vehicle can enter the Estate and all vehicles must have left

12 Page 12 of 14 the estate within 30 minutes before and after these permitted times. No work can be undertaken on Saturdays, Sundays and Public Holidays. If a written request is made to APRA in advance, and it is approved, then interior decoration and fittings work can, however, be undertaken on Saturday s between 8am and 1 pm if the property is roofed and all doors and windows have been installed. A meeting will be arranged between the applicant and/or his professional advisors, the appointed contractor and the APRA appointed Development Liaison Manager before work commences on site to ensure that all parties understand the need for the conditions imposed and the consequences if they are not adhered to. Any works undertaken on the APRA owned verge or footpath requires APRA s prior approval. 7. INSPECTION OF CONSTRUCTION WORKS APRA s approval to any development plans is conditional upon the construction and landscaping being carried out exactly as specified in the approved drawings. It is the responsibility of the applicant to advise APRA promptly if it is intended that there should be any variation, however immaterial, to these approved drawings. APRA are not obliged to agree to a variation on these plans even if construction has started or if the variation has been agreed by EBC. If the construction or landscaping is at variance with the approved plans, and the amendments have not been approved by APRA, then APRA reserves the right to rescind their approval of the development. This action by APRA could have serious consequences for the resale value of the property and in extremis may result in the building contractors being denied permission to use the Estate roads. A representative of APRA will inspect construction work from time to time to confirm that it complies with the approved drawings and to ensure that the contractors are complying with APRA s conditions. If there is a material departure from the approved plans or a significant breach of the contractor conditions, the owner will be informed of such discrepancies and, if he has not already done so, be asked to stop work on the project immediately and to submit revised drawings for re-consideration by the Planning Committee. APRA reserve the right either to reject such changes or to accept such changes subject to conditions.

13 Page 13 of PENALTY FEES FOR NON COMPLIANCE APRA expects all contractors to comply fully with the conditions described in Section 6 above and set out in full in Appendix A. In the very small minority of instances where they are breached, APRA reserves the right to serve a penalty notice requiring the payment of a fee to the Treasurer of APRA. The scale of such fees is published in a separate document updated periodically and will form part of the contract of approval. 9. THE TOWN AND COUNTRY PLANNING ACTS & BUILDING REGULATIONS The Town and Country Planning Act and Building Regulations cover the whole country, including the Ashley Park Estate, and they are administered by Elmbridge Borough Council based on national rules and largely local standards. These considerations are entirely separate and independent from APRA s restrictive covenants and development guidelines. Acceptance under one provision does not automatically mean acceptance under the other. Any owner is strongly encouraged to seek the earliest possible advice from the local Council on any proposal. This could include whether planning or building regulations permission is required and if so, whether it is likely to be acceptable to the Council. The Council also deal with such matters as Listed Buildings, Conservation Areas, Tree Preservation Orders and breaches of planning control. Building regulations will also consider such matters as disabled access, and energy conservation. The National Planning Policy framework, CS3 and CS17 of the Elmbridge Core Strategy, the Elmbridge Design & Character SPD and saved policies HSG16, HSG19, HSG 20 and ENV2 of the Elmbridge Borough Replacement Local Plan 2000 are the most important documents setting out material issues relating to buildings in the Ashley Park Estate. Policy CS3 (Walton on Thames) identifies the needs of the local area and guides the development in this part of the Borough. Policy CS17 (Local character, Density and Design) continues to promote the objective of achieving high quality design for all development. Policies HSG 16 and ENV2 seek to ensure that the design and layout of residential development is in keeping with the visual characteristics of the surroundings in terms of scale, size, use of materials and styles. They also cover protection of privacy to the neighbouring properties. Policy HSG 20 requires high standards of good neighbourliness which includes the principles of adequate daylight and suitable garden space.

14 Page 14 of 14 Policy HG19 considers the impact of garaging and parking within the existing residential areas and ensures that they are integrated into the scheme in a sympathetic manner so as not to dominate the residential environment. If you want to build an extension to your property or do other work to your home, you will probably need to apply for planning or building regulations permission and to make sure that the plans are in adherence with each of these policies. Some minor alterations and extensions, particularly to houses, can often be carried out without the need for planning permission. This is known as permitted development. Further information on the Building Regulations can be found at Such works still require the approval of APRA. General advice on whether or not you need planning permission can be found at and it is also available from the online Planning Portal: However, if you are still not sure whether your particular proposal needs permission you can submit a pre-planning application enquiry which will be allocated to a Planning Officer who will advise you further. This service is also available to give advice on the likelihood of whether planning permission will be granted. Currently there is a charge if a new or replacement house is involved. See If a planning application is required then the application forms, validation checklists and fee details can be found on the Planning Portal or at The planning policies that control development can be found in national policy and on line from the Council at Anyone considering making a planning application should also read the 2012 Design and Character Supplementary Planning Document and, in particular, the Companion document for Walton on Thames: This document on page 5 identifies Ashley Park as an area of high architectural quality with isolated group of individual houses.more detailed consideration is given on page 16 and 17. The Elmbridge Borough Council s Planning Services can be contacted at the Civic Centre, High Street, Esher. Surrey. KT10 9SD Tel: Much more information about Planning Services and other Departments can be found on