Dulwich Estate Scheme of Management

[shoebox]

IMHO. As an enfranchised freeholder not living in the 'village' , I see very little spent on local amenity. Planning and development is protected more by local council. Are there any bright legal minds that consider any avenues to vary the estate management scheme where a majority of enfranchised freeholders can self manage micro-schemes. Is this possible? Does the Dulwich Estate provide good value to all who have to contribute to this possibly outdated and unnecessary scheme? Curious to see what the consensus is (and it'll make a change from chatting about LTNs)

[Penguin68]

I am not a lawyer but I believe that the Estate is pretty well sewn up, with little opportunity, if any, for individuals to vary anything, even when acting in concert. It is far more difficult (I believe) to impact Charities (like the Estate) than private or corporate landholders.

Some relevant links (but you probably already have these) are:-

https://www.thedulwichestate.org.uk/property-on-the-estate/residential-freehold/the-scheme-of-management

https://www.readkong.com/page/guidelines-for-residents-the-dulwich-estate-scheme-of-5044478

https://uk.practicallaw.thomsonreuters.com/5-501-1835?contextData=(sc.Default)&transitionType=Default&firstPage=true

The Estate is the Estate - where a property is (Central Dulwich/ 'the Village') is not really relevant. Its writ runs where the Estate runs.

[shoebox]

I was curious having read this. The Hamlet was not in the Dulwich Estate but I was thinking that the argument is the same and the precedent was set.

https://assets.publishing.service.gov.uk/media/5e3bea4fe5274a08dd7277a7/The_Hamlet_decision.pdf

[Penguin68]

The decision you are quoting is about service charges for maintenance of the individual properties owned, whereas I believe the charges from the Dulwich Estate cover (1) expenditure on the upkeep of the estate excluding maintenance costs of the individual properties and (2) the management cost of managing the Estate. The decision was about property owners taking direct responsibility for their own maintenance costs. This isn't an issue for the Estate and I would guess their argument would be that what they spend on upkeep of their whole estate (excluding the private properties) but including e.g. work on Dulwich Woods etc. is to the general benefit of residents of the Estate outwith their specific property location.

(See Schedule 1 of the link https://www.thedulwichestate.org.uk/media/2282/som-management-charge-accounts-2021.pdf)

I suspect you would be hard pressed to argue that individual property owners should take responsibility for this (e.g. maintenance of Dulwich Woods) type of expense. This is very different from taking responsibility for maintaining your own property. Normally such challenges are made when 'service' charges appear very costly against costs 'normal' householders might incur, e.g. for exterior paintwork, fabric repair and so on.

As regards the types of expenditure which the Estate does charge for, lobbying via the Dulwich Society might prove more effective.