General Guidance Notes

GENERAL GUIDANCE NOTES FOR FREEHOLDERS OF PROPERTY SUBJECT TO THE SCHEME OF MANAGEMENT MAKING APPLICATION FOR BUILDING OR TREE WORKS

Under the Scheme of Management, paragraph 3. (a), no material alteration shall be made to the external appearance of any building or structure of a property and no new or additional building or structure shall be built or erected thereon so as to be visible at ground level from beyond the boundaries of the property without the prior written approval of the Managers.

Paragraph 6. (b) of the Scheme provides that without the prior written consent of the Managers no trees of any kind (other than fruit trees shrubs and seedlings) at any time growing on property shall be lopped, cut down, destroyed or removed.

The Managers of the Scheme are the Incorporated Trustees of The Dulwich Estate and written approval/consent is provided to the applicant by way of a licence.

1. Applicants wishing to carry out works requiring the approval of the Managers may find it helpful to contact this Office prior to preparing detailed proposals for an informal discussion. Whilst every effort will be made to assist, it should be understood that the final decision rests, in most cases, with the Managers of the Scheme. Applicants are strongly advised to discuss proposals in advance with neighbours who may be affected.

Whilst the Scheme of Management Administrator, the Consultant Architect and Tree Consultant will endeavour to assist applicants, they cannot be expected to give definitive answers to all enquiries.

2. The rights and powers conferred on the Managers under the Scheme are for the purpose of enabling the amenities of the Estate to be preserved for the common good. It is therefore the policy of the Managers to seek to conserve elements of individual buildings, groups of buildings and small estates which are visually prominent and which are relatively unchanged from the original, especially those elevations which are visible from the street and/or amenity areas

Consent will not, therefore, usually be given to proposals which are considered to be visually obtrusive and contrary to this policy and this will include certain proposed tree works (see 3. below).

Applicants should note that previous alterations, whether authorised or not, should not be considered to create acceptable precedents. Applications are dealt with by the Managers in accordance with policies, which are subject to amendment from time to time. The Policy Guidelines issued by the Managers provide a general outline of the policies but these may be applied, by the Managers, selectively depending upon the streetscape policy for the particular area of the Estate.

3. There is a general presumption against the removal of healthy trees, especially mature specimens. Advice concerning works to trees is available free of charge from the Tree Consultant to the Scheme but in granting permission for the works, neither the Managers, their employees nor the Tree Consultant give any opinion, either explicit or implied, as to the current state of health of a tree.

Applications for tree works

4. An appointment should be made via this Office for the Scheme’s Tree Consultant to inspect the tree(s) which are subject to the proposed works. In the majority of cases, the Tree Consultant will wish to meet the applicant to discuss the proposals. No charge is made for either the Tree Consultant’s inspection or the grant of a Licence for Tree Works.

5. The Tree Consultant can generally approve applications for minor works to maintain the health and shape of a tree or for the removal of a dead tree, and a Licence for the specific works will be issued.

6. The proposed removal of a healthy tree in a prominent position on the Estate or major works to such a specimen are generally referred to the Scheme of Management Committee. The Committee will make a site visit, usually accompanied by a member of the Dulwich Society’s Tree Committee. The Committee will then either consent to the proposal or modify or reject the application. Where the works are approved, a Licence as above will be issued.

7. The consent to remove a tree may be conditional on the planting of a replacement tree (with the species preferred being specified in the Licence). Under the terms of the Licence, all works must be completed within 26 weeks and replacement tree(s) must be planted within 52 weeks. Where the planting of a replacement tree is required, the applicant should confirm in writing to the Office the species which has been planted.

Applications for building works

8. Alterations, extensions and new structures may require planning permission and/or approval under the Building Regulations from the appropriate local authority (the London Boroughs of Southwark, Lewisham or Lambeth). You should contact the planning division for advice as to whether permission is needed or consult an architect or surveyor.

Certain types of extensions do not need planning permission but these are not exempt from the requirements under the Scheme of Management.

Temporary structures are also subject to approval under the Scheme.

In many cases permission from both the local authority and the Managers will be needed and it should be noted that if permission is obtained from one, it does not necessarily mean that it will be obtained from the other.

9. In order to make an application for alterations, extensions or new structures, accurate drawings at a scale of not less than 1:100 are to be submitted, in duplicate, showing the building as existing and proposed. Demolitions are to be coloured blue on the drawings and proposed new works coloured red. All details of the proposed design should be clearly shown.

10. Proposals involving alterations to part of a single floor should include a plan of the whole floor to show the full effect of the proposed alterations. Similarly, full elevation drawings are required.

11. A location plan at a scale of 1:1250 is required. The plan should be updated to show substantial alterations to adjoining relevant properties which have taken place since publication and where this is not included with the application a charge of £25 will be added to the application fee to cover office costs of producing this. The proposed works are to be coloured in red on the location plan.

12. Drawings must clearly specify all materials to be used and in particular, those which affect the external appearance. It is usually appropriate for external materials to match existing and a written description of the proposals should also be submitted.

13. A title plan on the drawings is to give the following information:

Address of the property
Drawing title, date, scale and number.

14. Once drawings sufficient to understand the scope of the application have been received you will be advised of the fee payable. The Managers reserve the right to request further drawings, at such scale as is deemed necessary, to fully understand the proposals. This Office must receive the fee before the application can be processed.

15. The Managers’ Consultants or employees will, if appropriate, make an inspection of the property to assess the effect of the proposals. The inspection will be made by prior appointment and day time contact numbers should be given so that a suitable appointment can be arranged.

16. Where the proposals may have an effect on the amenity of adjoining and nearby neighbours, the Managers have adopted the practice of writing to advise them of the application and inviting comment. The period for response is 21 days from the date of the Managers’ letter.

In addition, under the terms of the Scheme, members of The Advisory Committee (which currently comprises four members of amenity societies and an equal number of Trustees of The Dulwich Estate) receive details of all applications received by the Managers. The Managers are required to have regard to any representations made, within 21 days, by the members of this Committee in respect of the applications.

17. Please state the name of the freeholder(s), the agent’s name, address and contact numbers and whether the person or firm preparing or submitting the application will also be supervising the works should they proceed.

Licences can only be issued if the freeholder has registered ownership in accordance with the requirements of the Scheme of Management.

Any subsequent change in the arrangements for supervision of the works must be notified, in writing, to the Office as soon as possible.

18. Where an application complies with the Policy Guidelines and there are no objections, a Licence may be issued without reference to the Scheme of Management Committee. This Licence will set out the works which have been approved. These must be completed within one year from the date of issue of the Licence, whereafter the Licence will lapse.

If previous, unlicensed works have been carried out to the property, as a condition for the approval of the current application, the Managers may require these to be modified.

For applications for works which are outside the scope of the Policy Guidelines or for more complex proposals or an objection has been received, these will be placed before the Scheme of Management Committee which generally meets monthly. The decision of the Committee will be advised to the applicant in writing and either a Licence will be issued, the application rejected or approved in principle, subject to modification of the design and/or the materials proposed.

Applicants should allow a minimum of six weeks for processing of an application.

19. Where works are not carried out in accordance with a Licence, this constitutes a breach of the Scheme of Management and the Managers, at their discretion, will take such action as is appropriate to redress the unapproved works.

20. Applicants are advised to refer to the following Policy Guidelines:

1. Tree works
2. Boundary treatment – hedges, fences, railings and gates
3. Conservatories
4. Hardstandings in front gardens
5. Extensions
6. Loft conversions
7. External repairs (including replacement roofs and repointing)
8. Replacement doors and windows
9. Satellite dish aerials
10. Change of use
11. Swimming pools
12. Shop fronts: guidelines for design
13. Garden structures
14. Solar Panels

It should be noted that nothing in these general guidance notes or the Policy Guidelines vary the terms of the Scheme of Management.

October 2006

Documents

General Guidance Notes (PDF 681kb)