Two key covenants, enshrined in the title deeds of detached properties on the Estate, are vital in protecting its rural, low-density character. They are:
1. Only one house may be erected on each of the original plots of the Estate.
2. Buildings must be a minimum distance from the edge of nearby roads. For the vast majority of properties, this is set at 75 feet.
These restrictive covenants were set up when the Estate was created in the 1920s and are mutually enforceable between all house owners. Any resident may take action to prevent a breach.
Three separate legal cases between 1984 and 1996 confirmed that these critical covenants remain in force despite a few breaches on 75-foot building line which had occurred in earlier years. There has been no breach since that time.
A key purpose of the WRA is to uphold these covenants and work to prevent any breach. The WRA Committee therefore monitors planning applications and other signs of possible developments to identify potential breaches. If one emerges, we start discussions with the owners / developers concerned to seek an alteration in plans and avoid a breach. In all cases since the creation of the WRA, these negotiations have been successful. Typically, they involve taking legal and other professional advice, which accounts for the main costs born by the Association.
We cannot rely on the local authority planning system to reject proposals which breach covenants since planners are not authorised to take account of covenants when considering development applications. (Nevertheless, the WRA would still object on appropriate grounds, probably tied among other things to density of development, to any proposal which involves a breach.)
Legal advice is that supporting the Conservation Area also helps to protect the covenants since this shows that the character of the Estate is being upheld and therefore the covenants remain fully relevant and have not been weakened by the passage of time.
One covenant issue which the Committee sometimes has to follow up is addition of accommodation to separate garages or other enhancements which could be seen as creating an additional house on a plot. Invariably, the current owner has no intention of creating a separate house for potential sale. However, a future owner might take a different approach. The Committee therefore asks residents concerned to enter into a special Deed of Covenant making clear that the annexe cannot be sold or let separately from the main house on the site. The Annexes page gives more detail.
It is important that any potential breach is identified as early as possible so that we can take up the issue with owners. While the Committee aims always to remain vigilant, we may not learn of plans until an application has already been submitted. We therefore ask all residents and others who learn of possible developments which may involve a breach to advise us as soon as possible.
Other pages in this section describe in more detail the legal background to the covenants and the steps that may be necessary to enforce the key covenants.