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The Painshawfield Estate

The Painshawfield, Batt House and Birches Nook Estate (usually known as the Painshawfield Estate), is one of the most attractive housing estates in the North East of England.

This page contains information about the history of the Estate and certain restriction on its development.

When you purchased your property on the Painshawfield Estate you should have been informed by your solicitor or the vendor's Home Information Pack (HIP) that you were entering into a Deed of Mutual Covenants (referred to as the Covenant). By virtue of their ownership of a property on the Estate, all owners are Mutual Covenantors. The Covenant, drawn up when the Estate was established in 1895, imposes various restrictions on its development and is responsible for the Estate's unique character. Importantly, it provides owners with legal powers to control their environment. The Covenant has been maintained continuously since its inception, including a successful High Court judgement in 1986.

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Maintenance of the Covenant
The Covenant is actively maintained though meetings of Covenantors and an Estate Committee. A meeting of owners is held annually at the end of April to receive reports from the Estate Committee and the Treasurer. The Annual Meeting elects officers for the coming year and members of the Estate Committee, a third of whom retire each year. The Estate Committee is responsible for the consideration of building developments on behalf of the Covenantors.

The Estate Committee
The Estate Committee was established under the terms of the original covenant to monitor building plans. Committee members receive no payment for their work. The Committee meets on the second Wednesday of each month (except August) to consider plans for the development of new or existing buildings.

When the Committee receives an application, owners who may be affected by the development are invited by letter to view the plans within a due notice period and to express an opinion. The Committee then decides whether the proposed development is broadly in line with the guidelines, taking into account the opinions, if any, from neighbours. Committee members who are affected by a development are excluded from any discussion and voting in relating to the application.

If the plans are approved, the Committee issues a P2 form that notifies the owner that they have two years to start the development. The P2 form contains a tear-off strip that should be returned to the Estate Secretary within a week of the development starting. This enables the Committee to monitor the development to ensure it complies with the approved plans. When the development is complete, the owner informs the Committee by returning the remaining section of the P2 form. If the development has been completed in compliance with the approved plans a P3 form is issued.

Proposed developments
Owners who propose to develop their property must submit two copies of the plans to the Estate Secretary not less than 10 days before an Estate Committee meeting. These should include a location plan, a block plan and a general arrangements drawing. Developments include new buildings, garages and sheds.

Estate Finances
In order to maintain the Covenant the Estate needs to raise a modest amount of income each year. This is required to pay an honorarium to an Estate administrator, for the maintenance of the common land and, if required, obtain legal advice from the Estate's solicitors. Each year the Treasurer provides owners with a copy of the Estate's accounts and recommends the amount of the annual subscription. This is voted for at the Annual General Meeting.

Information supplied by the Painshawfield Estate Committee. For further information contact the secretary to the Estates Committee, Jo Bramley, on 07809 219931 or email. Download a copy of the Chairman's Report 2009/10

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