News

POSITIVE RESULT FOR TRUST: 25 INGRAM AVENUE

The Court of Appeal, the second-highest court in the land, has confirmed the powers of Hampstead Garden Suburb Trust to control development on the Suburb in the public interest, even where the local authority has granted planning permission. The Court of Appeal decision will be welcomed by all who consider that the special architectural and landscape qualities of the Suburb have been maintained by the extra controls exercised for the past 36 years by the Trust under the Scheme.

The owners of 25 Ingram Avenue had appealed against the earlier decision by the President of the Lands Tribunal that the Trust had been correct to refuse consent to build an extension above the garage at the side of the property.

The Trust had objected to the terraced effect that would be created by visually joining houses together at first floor level and to the loss of views of greenery seen over the garage roofs. The situation could have been replicated in hundreds of locations across the 800 acres of the Suburb, causing widespread damage to the amenity of the area.

Lawyers for the owners attempted to argue that the Trust was not a body acting in the public interest and that the Trust should follow the decision reached by the local planning authority, who had granted planning permission.

In the Appeal Court judgement, issued in late January, three Law Lords unanimously dismiss the appeal by the owner of the house. They said in their judgement:

The Suburb represents the implementation of the social and architectural concept of its founder, Dame Henrietta Barnett. One of the guiding principles was that the interests of individual property owners should be subservient to the interests of the wider community.

The Trust's duty was to consider and act for...the public interest in the amenities of the area.

The Trust has its own decision to make. The planning authority's decision falls to be considered but should not drive the decision to be made by the Trust.

The decision means that the Trust will be able to recover most of the costs it has incurred in fighting the case. Once recovered, the money will be returned to residents through a credit against the annual Management Charge.

A PDF of the full transcript of the Judgement is available by clicking here.

DRAFT PROCEDURE FOR PLANNING CONSULTATION

Proposed changes to the consultation procedure for applications to the Trust to change the appearance of land or buildings - please express your views

There has been criticism of the Trust's consultation procedure with respect to the Henrietta Barnett School extensions.

The Trust Council has reviewed its procedure for consultation to ensure that major planning decisions are the subject of full and genuine consultation with residents of the Suburb and is seeking your views, with a trial of a newly proposed consultation procedure.

Please CLICK HERE to view the draft PLANNING CONSULTATION

TRUST COUNCIL ELECTION RESULT

The result of the 2011 election for an elected member of the Trust Council of the Hampstead Garden Suburb Trust was declared by the auditors Haysmacintyre (see results sheet)

CORRECTIONS TO MISLEADING AND INACCURATE INFORMATION PUT OUT BY "CONCERNED RESIDENTS" GROUP

Please click here for an important noticefollowing the circulation of information by the Concerned Residents Group.

ANNUAL REPORT & ACCOUNTS 2011

The Trust's annual reports and accounts for the year ended 5 April 2011 can now be viewed here.


SURVEYOR'S DECISION - MANAGEMENT CHARGE 2008-2009

The amount of the charge for the financial year 2008-2009 was disputed by a number of residents who called for the appointment of an expert Surveyor under the dispute resolution process laid down in the Scheme.

Click here to continue


NEW SUBURB DESIGN GUIDANCE & CHARACTER APPRAISAL

Suburb residents, Hampstead Garden Suburb Trust and Barnet Council have worked together to undertake the Character Appraisal of the Suburb, with the support and guidance of English Heritage.

Revised Design Guidance has subsequently been prepared and both texts have been approved and adopted by the Trust and Barnet Council. Continued...