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News |
SURVEYOR'S DECISION - MANAGEMENT CHARGE 2008-2009The 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. The independent Expert Surveyor appointed by the President of the Royal Institution of Chartered Surveyors has recently issued his report determining the Management Charge for the financial year 2008/2009. The charge for 2008/2009 was upheld, with the Surveyor concluding "I am satisfied that the Trust has complied with the requirements of the Scheme as presented in the accounts for the year 2008/2009" And "I am satisfied... that increased expenditure has been required. I do not consider that any of the initiatives that were shown to me on my visit to the Suburb were contrary to the obligations laid on the Trustees" The Trust welcomes the Surveyor's Determination and hopes residents will be reassured that concerns raised about the rate of rise of the charge, the variability of the charge and the way in which the monies have been spent and accounted for, have been carefully considered by him.
The Trust Council has consistently stated, and reiterates, that it is committed to: - maintain the annual Charge within a range of £100-£140 (subject to inflation) for the foreseeable future. - operate the Scheme efficiently, economically and consistently - assist residents who face difficulty in paying the charge - resort to litigation only when essential to safeguard the character and amenity of Suburb The Trust notes the Surveyor's appreciation of the Trust's "clear and focussed approach to date to address the Trust's obligations under the Scheme of Management" The Trust Council will carefully consider the detail of the Surveyor's report in continuing to:
- provide more detail about legal expenses in the accounts - explain the basis for the allocation and apportionment of costs between the Scheme of Management and the Trust - review the apportionment of costs for the future - improve communication with residents The Surveyor has voluntarily capped his fee at £8,400, for which the Trust is grateful. However the process is a cost to charge payers both in terms of the Surveyor's fee and in Trust staff time. Over the year and a quarter since the Surveyor's appointment many hours of staff time have been taken up in dealing with submissions and correspondence with the Surveyor. As the Surveyor comments "Largely the matters that were objected to had been raised before [at the Leasehold Valuation Tribunal regarding the charge in 2005/2006] without notable success" The Trust Council will be considering its response to the objection to the charge for 2009/2010 at the next meeting on 22 March. The Surveyor's conclusions are set out in full below and the complete report, together with a letter of clarification in response from the Trust, is available HERE
BACKGROUND Residents of Hampstead Garden Suburb who own their property freehold pay an annual charge for the extra control and care taken of the Suburb by the Hampstead Garden Suburb Trust. When founded in 1907 the Suburb was an estate managed by the Trust as the landlord. When residents became entitled to own their freeholds the Trust continued to control change through the Scheme of Management for the Suburb. It is the Scheme, set up by Act of Parliament and with the approval of the High Court, which keeps the Suburb such a special environment in which to live. What does the Trust do for the money?
- controls changes to the architecture and landscape of the Suburb through the Scheme of Management. The Scheme is the main factor which keeps the Suburb different from other conservation areas. Most of The Bishop's Avenue, for example, is inside the London Borough of Barnet's Conservation Area but is outside the Scheme and so outside Trust control; you can see the difference - sets policies for changes to houses, including the recent comprehensive review and update of the Design Guidance for the Suburb - advises residents and their builders and architects on the correct maintenance of property, checks that permission for change is complied with and takes action to rectify unauthorised work - provides specialist advice and controls the felling and pruning of trees and hedges - maintains communal areas in its ownership such as Sunshine Corner, where a restoration programme is under way - if absolutely necessary defends the controls set through the Scheme of Management in the Courts English Heritage regards the Suburb as "perhaps one of the most well-known - and well maintained - conservation areas in the country" (EH press release 22 June 2009) English Heritage also considers that "The Hampstead Garden Suburb Trust has played a crucial role in safeguarding the character and appearance of the conservation area and in maintaining an exceptional standard of conservation. The Scheme of Management... has been instrumental in enabling the Trust to exercise an enlightened stewardship across the conservation area as a whole. It is crucial that it continues to do so in perpetuity". (letter from English Heritage 8 July 2009) |
