Canons Park Estate

RULES OF THE CANONS PARK ESTATE LIMITED (the "Company") made pursuant to Article 27 of the Company's Articles of Association ("the Articles"")
1.	INTERPRETATION
1.1	The definitions used in the Articles shall apply equally in these Rules, unless the context otherwise requires.
2.	GRASS VERGES IN CANONS DRIVE ("THE VERGES")
2.1	Vehicles and bicycles may not be parked, driven or ridden on the verges.
2.2	Builders' materials, skips and similar items may not be placed on the verges without the prior written consent of the Board.
2.3	Notices such as Estate Agents' boards, may not be placed on the verges nor attached to any tree on the verges.
2.4	Residents of Canons Drive may apply to the Board for the grant by the Company of an easement for the purposes of constructing and using for access, a driveway leading from the resident's property across Company Property. No such driveway may be constructed before such an easement has been granted, which may, if the Board so determines, be in the form of a licence agreement, and shall exclude the grant of any further rights or interests in or to any part of Company Property. The Board at its absolute discretion may make a charge for granting an easement.
2.5	Driveways and pathways across the verges may not be widened or otherwise modified without first obtaining written permission from the Board and appropriate planning consent.
2.6	The verges may not be planted with flowers, shrubs or trees, or otherwise cultivated.
2.7	The Company does not maintain the verges, crossover and services adjoining residents' homes in Canons Drive. Maintenance of the verges, crossover and services is the responsibility of the individual residents.
3.	SERVICES RUNNING UNDER PROPERTIES ON THE ESTATE AND THE CULVERT
3.1	Residents on the Estate shall be responsible for all services running under their properties except where responsibility for a particular utility service has been assumed by the relevant utility company.
3.2	Where the culverts running between the Lake and the Basin and from the Basin to the border of the Estate run within or adjacent to the boundaries of a resident's property ("riparian owner"), then that resident shall be responsible for keeping the watercourse clear of any obstructions which would impede the normal water flow.
3.3	Where the culvert or watercourse is situated across a boundary between adjoining properties, it will be presumed that a riparian owner owns the land up to the centre-line of the watercourse, unless records exist to prove otherwise.
4.	ACCESS TO AND USE OF THE LAKE AND BASIN
4.1	Each Member shall be entitled to be loaned one key providing access to the gates at the Lake View and Rose Garden Close entrances to the Lake in return for the payment of such deposit as shall from time to time be fixed by the Board. Such deposit shall be repayable upon the return of the key which shall be returned when the Membership of the keyholder ceases.
4.2	Any person found in the environs of the Lake committing damage, or behaving in an unruly manner or otherwise in breach of the Company's Articles or these Rules shall be ordered to leave and may be asked to forfeit their key deposit and return the key by which they gained entrance to the Lake.
4.3	Members are permitted to take guests around the Lake but shall remain responsible for their behaviour. No guests who are unaccompanied by Members, shall be given access to the Lake or loaned or given keys without the prior written consent of the Board which names the specific person who is to be granted such access/loaned a key and upon such conditions as the Board shall determine.
4.4	Radios, tape-recorders, musical instruments or similar items may not be played by the Lake or Basin at such volume as to disturb other users or adjoining residents.
4.5	Members may hold a private party by the Lake provided that they first give 14 days' notice in writing to the Board, stating the approximate number of persons to attend which shall be limited to 30, and provided that Members receive the prior written approval of the Board for the holding of that specific private party. All private parties must terminate no later than 11.30pm.
4.6	All access to the rear of the Basin is prohibited.
5.	TREES
5.1	The Company owns and has a responsibility to maintain the trees in the grass verges along Canons Drive and around the Basin and the Seven Acre Lake.
5.2	The Estate (excluding Cavendish Drive, Dorset Drive and Lodge Close) is part of a designated conservation area and all trees within the conservation area, whether or not they belong to the Company (and including privately owned trees in the front and back gardens of residents), are protected. In addition, many of the trees on Canons Drive, Cavendish Drive, Dorset Drive and in and around the Basin are subject to individual Tree Preservation Orders (TPOs).
5.3	Any works to the trees must be approved in writing by the Planning Arboricultural Officer of the London Borough of Harrow ("the Council") and, in the case of trees owned by the Company, also by the Company.
5.4	The Council has the right to take enforcement action against any resident who undertakes tree work without consent (within the Conservation Area) or permission (where the tree is subject to a TPO) and can impose a fine of up to £20,000. If successful, the prosecution carries with it a criminal record.
5.5	Any resident who fells, prunes or has works carried out on any of the Company's trees (both above and below ground) without permission or who causes any damage to any of the Company's trees or shrubs can be required by the Company to replace the tree or shrub affected and may also be reported to the Council for enforcement action if deemed necessary.
5.6	All the trees belonging to the Company are subject to a ground-based Tree Survey that is carried out by a suitably qualified arboricultural expert on a regular basis. The aim of the survey is to identify all trees that are dead, dying or damaged and where remedial work is required. The report assigns priorities to all the maintenance work identified and the Company will then agree a programme of works based on the tree expert's report. Copies of the report are provided to the Planning Arboricultural Officer of Harrow Council.
5.7	In view of the limited nature of the Company's budget, the programme of works agreed with the tree expert can only deal with those tree works where remedial work is required as specified in the report. The Company does not have sufficient financial resources to undertake tree work that is purely cosmetic in nature.
5.8	The Company has to budget each year for emergency tree works that become necessary due, for example, to storm damage. In those circumstances, where branches become loose or hanging and could present a potential hazard to the public, the Company will arrange for the necessary works to be undertaken as a matter of urgency.
5.9	If a resident is particularly concerned about the appearance of a tree outside their property and wants to see that tree pruned, the Company may agree to those works being carried out at the resident's expense, as long as (a) the nature of the proposed pruning is consistent with the long term programme of routine maintenance works identified in the inspection report, (b) prior written consent or permission for the proposed work is granted by Harrow Council, (c) the work is carried out in accordance with BS 3998 by an appropriately qualified tree surgeon (a list of qualified contractors can be provided by the Council for the guidance of residents) and (d) the resident concerned contracts directly with the tree surgeon.
5.10	The Company strongly advises all residents not to use tree contractors who solicit for business on the doorstep or by leaflet distribution as they are unlikely to be qualified and they may not be insured. It is also unlikely that the work they carry out would be in accordance with BS 3998.
6.	PATHWAYS ONTO THE SEVEN ACRE LAKE FROM ADJOINING PROPERTIES
6.1	A resident whose property adjoins the Lake may apply to the Board for the grant by the Company of written permission to construct and use for access, a pathway leading from the resident's property onto Company Property. No such pathway may be constructed before such permission has been granted, which may, if the Board so determines, be in the form of a licence agreement, and shall exclude the grant of any further rights or interests in or to any part of Company Property. The Board would not normally expect to grant permission to any resident who is not also a Member.
6.2	Such licence agreement and all rights granted in respect of pathways leading onto Company Property shall terminate automatically if the Membership relating to the adjoining Household ceases, whereupon any such pathway so constructed must be removed.
6.3	Where the pathway uses a bridge to provide a means of access across a culvert, the resident shall be responsible for maintaining that bridge.
6.4	All garden gates which offer entrance to the Lake shall be blocked shut and any bridges removed upon cessation of Membership in respect of the Household to which the garden gate relates.
7.	FISHING
7.1	Fishing in the Lake is permitted by Members, Members' guests who accompany those Members and by any person who obtains advance approval from the Board in writing, provided that any such permitted person(s) hold(s) a current National Rivers Authority Rod Licence and complies with the Bye-Laws of The National Rivers Authority.
7.2	No fishing is permitted in the Basin by any person.
8.	BOATING
8.1	Subject to paragraphs 8.2 and 8.3 below, boating on the Lake is permitted by Members at their own risk and provided that a Canons Park Estate Boating Club has been established with appropriate health and safety provisions in place to provide for the adequate supervision and protection of persons using the Lake for boating. Such provisions will be subject to approval by the Company having regard to the health and safety measure typically applied by similar organisations.
8.2	No power propelled boats shall be allowed on the Lake.
8.3	No boats may be kept on the Lake.
8.4	No boating is permitted on the Basin at any time by any person.
9.	DOGS
9.1	Members exercising dogs by the Lake and the Basin must keep them under control and on a lead and will be held responsible for any damage caused by their dogs.
9.2	Dogs should not be allowed to foul the footpaths on the Estate or the Verges, but if they do, their owners must pick up the dog mess and properly dispose of it.
10.	BICYCLES
10.1	Bicycles may not be ridden or taken round the Lake, but may be parked just inside the entrances at their owner's risk.
11.	SWIMMING
11.1	Swimming is not permitted in the Lake or the Basin.
12.	INTRUDERS ON COMPANY PROPERTY
12.1	Members are requested to report suspicious persons and persons behaving in an inappropriate manner on Company Property to the Police and to a member of the Board.
13.	GUNS
13.1	No guns of any kind or other weapons are permitted on Company Property.
14.	BIRD-NESTING
14.1	Bird-nesting is prohibited on Company Property.
14.2	Wild birds must not be molested at any time or disturbed when nesting.
15.	GARDEN RUBBISH
	Garden rubbish or other refuse must not be dumped on Company Property. Any Member in breach will be held responsible for the costs of removal.

Signed by Robert Graham (Chairman)
For and on behalf of
The Board of Directors of the Company
Dated 16 December 2013

The Articles of Association for Canons Park Estate Ltd. may be found here.