Development

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Development of the Estate

Over the years there have been four major challenges to the covenant of one house per plot. The first went to the High Court on 28 July 1958, the others all went to the Lands Tribunal and were heard on 29 March 1961 , 25 March 1965 and the most recent on 5 October 1987. I n every case the validity of the covenant was upheld and the application to build in breach of it refused.

In addition to these full blown legal challenges there have been numerous cases where the gentle art of persuasion has had a similar effect, happily resulting in prevention of the need to go to the extent of fighting a Court case.

The covenants were administered by Homesteads Limited down to 1984 when the Association took over. The Association considers it hard to overstate the importance of the covenants. Many times this has been emphasised by members at AGMs by giving the Management Council a clear and firm mandate to enforce the covenant and by the creation of a fighting fund which is reserved in the accounts.

Some argue that with the passage of years times change and the covenants should now be regarded as obsolete. Whilst it is true that a very few people have put up extensions without permission the vast majority come to live on the Park to enjoy the environment which maintaining the spirit of the covenant enhances. Trees are just as important to us and we are lucky to have an active and knowledgeable tree warden. The firm view of the Management Council (which represents the views expressed by so many members) is that far from detracting from the desirability and enforceability of the covenants the passage of time and continued observance simply makes the future maintenance of the covenants increasingly important.

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Last updated: 04-04-2008