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    photo-iconPhotograph taken in St. Margaret's Court, Angmering
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OPEN GARDENS & ART TRAIL 2015

EAST PRESTON FESTIVAL OPEN GARDENS & ART TRAIL 2015

Sponsored by Cooper Adams

rose garden

Saturday 30th May 2-5pm and Monday 1st June 2-5pm

Ticket price £3.00 per person available from Hedgers and Seaview Stores.

A ticket will give you entrance to all the gardens on both days.

garden map

A. Ashurst Way.
You can see how much this garden is loved and how the owner loves sharing it. Once again she has been busy potting up cuttings and making marmalade in aid of the Brain Tumour Trust. A lot of garden in a tiny space – not to be missed!

B. Downsway – Art and Garden
Open after a break, this artist and gardener’s ‘bijou’ garden with unusual ideas is the achievement of many years of pleasure and hard work by the owner who has built the sturdy walls & redone the front garden. Plants for sale, with the proceeds shared by Macmillan Cancer Care and the Rowland Singers.

C. Russells Close
Make sure you visit this garden which is divided into ‘rooms’ and is surprisingly long. It has well-appointed seating areas to catch the sun, a lovely pond and a surprise at the end! Hopefully the roses over the pergola will be in bloom.
Donations in aid of Alzheimers.

D. Hillview Crescent
This garden, owned by self-confessed ‘plantaholics’, was very popular last year and now has even more changes and a new fruit cage. A garden full of surprises and inspiration – amazing as the owners have only lived there for four years. Don’t miss the front garden. Plants & cakes for sale in aid of Mencap.

E. Meadow Park
The owner of this popular garden has made a few changes and there are some new clematis. Last year’s new greenhouse is being put to good use for the veg. garden. The famous tea & cakes will only be available on We know some people visit just for tea & cakes which are sold in aid of Macmillan Cancer Care.

F. Elm Avenue – Art and Garden
This beautiful artist’s garden with its variety of plants, trees and flowers is a pleasure to wander around. Don’t miss the mosaic butterfly, but please avoid the corner with the bees! (should be honey for sale). The artist is running ‘5 minute masterpiece classes’ in the garden for beginners. Other artists work will be on show. Paintings/cards for sale – 15% of sales going to Chestnut Tree House. Refreshments by donation.

G. Golden Avenue – Art & Garden show your ticket at Estate gate on Saturday)

Open again after a break, this large garden has lots of interest, in particular, the raised bed vegetable garden hidden away to the side. There are lots of places to sit and enjoy this tranquil space, including under the round pergola. Tea, coffee, cakes and wine will be available and a percentage of these and art sales will go to Prostate Cancer.

H. North Lane. New Garden. Please park sensibly or in Windlesham Gardens.
Very much a family garden where grandchildren can play. There is a beautiful ornamental pear. Spot the African ‘soap stones’ in the borders and sit under the pergola to enjoy homemade ice cream, patisseries and tea provided by the ladies of
Mary the Virgin Church to raise funds for some necessary church repairs.

I. Sea Road – Art only.
This local East Preston artist is exhibiting her variety of styles and use of watercolour, mixed media, collage and clay. She will be discounting her work during Festival Week. Free refreshments available but, donations to Alzheimers Society appreciated.

J. Willowhayne Avenue.
A really different garden with Box hedges and an amazing variety of wooden sculptures behind the Pittosporum hedge which brings a new outlook on gardening. Don’t miss the ‘wild flower grass verge’, secret path and the wooden keyrings, plants and paintings on sale in aid of the children’s hospice, Chestnut Tree House.

K. Upper Drive
This garden has an unusual oblong pond, and there are lots of places to sit and relax. If summer comes early there will be some gorgeous roses at the end of the long lawn. Hanging baskets make a great summer display. Donations towards refreshments to Great Ormond Street, to whom the owner is so grateful.

L. Crown Court, Manor Road
The owner of this tiny plot has been organising the Open Gardens for two years, so has not opened her garden. After several requests this ‘plantaholic’ is opening ‘at the last minute’. Please excuse any stray weeds! Don’t miss the ‘secret garden’, the shady fernery or the almost hidden wildlife pond.
Donations for plants etc to Barnabas Hospice.

M. Michel Grove – Art only.
Although officially ‘Art Only’ this garden has a lovely feel to it and there is a wide patio to enjoy refreshments. The artist was commended in the final of the BBC Wildlife Magazine Artist of the year in 2013, and will be exhibiting in the David Shepherd Wildlife Artist Exhibition at the Mall Gallery, London this year – a real honour!
Tea, coffee and cakes available with donations to PAWS animal charity in Findon.

N. Pigeonhouse Lane. PLEASE park on the road and do not drive up the driveway.
Please don’t miss this large park-like garden as you are in for a treat. There is topiary, roses, fruit trees including a Medlar, cherries, Cornus (Wedding Cake Tree), an almost hidden herb garden and an enormous pond home to koi carp and numerous goldfish. Refreshments available with donations to East Preston Festival Funds.

 Why not call in at the Art and Flowers Exhibition at the Conservative Hall, Sea Road (Monday open ‘til 3pm) on your way through the Village. (Entry 50p)

IF YOU WOULD LIKE TO OPEN YOUR GARDEN/ART NEXT YEAR, PLEASE CONTACT  eastprestonfestival@hotmail.co.uk OR RING 01903 782783

Selling or Buying with an Overage Provision on land

Selling or Buying with an Overage Provision

There are circumstances where, sellers of property may want to consider selling property subject to overage provisions.

What is an Overage?

Overage / Clawback / Uplift are all expressions used to describe the same thing i.e. a requirement by a Seller that the Buyer in certain circumstances at some stage after completion of the sale pays additional payments to the Seller for the same piece of land. The payment

“Seller”

The person who imposes the obligation in the first place is the Seller. However, usually the seller can give or sell the right to receive the payment to a third person so it is not always necessarily the original person.

“Buyer”

In order to make the arrangements effective the obligation to make the payment will be with the Buyer and anyone to whom the Buyer transfers the land, or part of it, in the future.

“In Certain Circumstances”

Overage payments are not standard and different arrangements will apply to each transaction depending on what the parties agree. Some examples of circumstances which might trigger an overage payment:

Planning Permission is granted for the construction of a further dwelling within the land owned;
Planning Permission is granted for demolition and re-building of a more intensive development;
Property is sold with benefit of a Planning Permission but the Seller envisages that the Buyer may obtain a more favourable or intensive Planning Permission in the future.
Planning Permission is granted for change of use.
These Planning Permissions are often referred to as “Qualifying Planning Permissions”

“At some stage”

The overage agreement will apply for whatever number of years the Seller and Buyer agree at the outset. There is no minimum period but the absolute maximum is eighty years.

Some More Details

How does the Promise to Pay pass from Buyers to Future Owners?

The Seller makes sure that Future Owners of the land will still have to pay by either:

Imposing a Restriction on title to the property at the Land Registry to the effect that no transfer of the land can take place unless the new owner has entered into a Deed of Covenant with the Seller promising to make the payment. In this way there is always a direct contractual commitment from whoever is the then owner

and/or

Imposing a Charge on the property.
However, even though overage arrangements are becoming more common not all lenders may be happy to lend against properties with Overage arrangements on their title and if you are thinking of buying a property with an overage provision you should check your lender’s views (or ask a solicitor to do so) as early as possible in the transaction.

When is the Payment Made?

The overage document itself will specify exactly when the payment is made but for example this can be

On the grant of a Qualifying Planning Permission;
When land is sold with the benefit of a Qualifying Planning Permission;
When a Qualifying Planning Permission is implemented.
Again it is a matter for the parties to agree when they want the payment to become payable.

How is the Payment Calculated?

The Seller normally expects to receive a percentage of the increase in value of the property which has been generated by the grant of a Planning Permission. The percentage can be whatever the parties agree but if for example the parties had agreed 50% the payment would be calculated using the formula A – B x 50% = the Uplift Payment where:

A = the value of the property with the Qualifying Planning Permission and
B = the value of the property without Qualifying Planning Permission.

In this way natural or inflationary increases in value are retained by the Buyer but the Seller shares in the uplift in value caused by the grant of the Planning Permission.

Often the parties agree that certain expenses can be deducted before the payment is made. This is a matter for negotiation.

Detailed valuation advice needs to be taken.

What about Stamp Duty Land Tax?

This is a problem for the Buyer rather than the Seller. The Buyer pays Stamp Duty Land Tax on the purchase price and on the estimated enhanced value of the land unless before or within 30 days of completion the Buyer applies for a deferment of the extra Stamp Duty Land Tax which would be payable. In some cases, if the triggering event may happen fairly quickly some SDLT based on the anticipated value may be payable within 30 days of completion too. When an event occurs which would trigger the Overage Payment a further Stamp Duty Land Tax Return would have to be submitted and the additional Stamp Duty Land Tax would then be paid. If the additional payment puts the transaction into a higher rate banding additional duty may become payable on the original consideration as well.

Costs:

Whether selling or buying in any transaction involving an overage the legal costs will be very considerably more than you would expect to pay on just a sale or purchase. The documentation is complicated and is often subject to detailed negotiation between solicitors. There is no standard document which can apply to every transaction.

Ongoing Costs:

There will be additional legal and possibly surveyors’ costs to be incurred both by Seller and Buyer on each subsequent disposal of the land.

Ongoing Practical Issues

Problems could occur if the person with the benefit of the overage payment cannot be found when their consent is being sought to a further sale so it is vital at all times to know who they are and how to contact them, as even if no money is due them at that stage their signature would still be needed. Obviously this can cause delay as they may not be in such a hurry to get on with the transaction as say the Seller and Buyer are.

This is a general information sheet only. It must not be relied on in relation to any particular matter. Overage provisions are very complicated and specific advice should be taken on any specific issue.

courtesy of www.bevirs.co.uk

 

Cooper Adams are an estate agency in West Sussex selling and letting around Rustington, Littlehampton, Angmering, East Preston, Ferring and Worthing areas.

 

We cannot give any advice on Overage other than this blog.

For expert advice you will need to speak to a qualified UK solicitor.

Broadband Speed

Broadband-speedLooking to move? Need a fast broadband connection for your business or family?

Just go to this link

www.bt.com/speed-checker

just input the postcode and a house number to find out the speeds in that road.

 

Any property related advice – Cooper Adams loves to help!

 

Who is responsible for repairing drains and sewers?

 

Generally speaking, you’re usually responsible for drains inside the boundaries of your property, while the sewerage company is responsible for lateral drains, which are outside of property boundaries, and sewers. Although most sewers are now publicly owned, there are still some private or unadopted sewers. If your property is served by one of these, you may be responsible for maintaining it.

What’s the difference between a drain and a sewer?

A drain is a pipe that drains rainwater from a building and other buildings which belong with it, for example a garage.

A sewer collects water and waste from the drains of  a number of buildings. Most sewers are publicly owned and are maintained by your water company. However, there are still some privately owned sewers. Some people aren’t connected to a sewer but to a cesspool, septic tank or treatment plant. If you aren’t connected to a sewer, you won’t have to pay sewerage charges to a sewerage company.

Repairs to drains

You are responsible for maintaining or repairing any drains inside the boundaries of your property.

You will have to pay to get this work done, but you are free to choose whichever company you want to do the work. Alternatively, you may take out insurance to pay for work on private drains.

Repairs to sewers

Sewers and lateral drains connected to the public network used to be the responsibility of the property owner. However since 2011, most are now maintained by local water companies. If you have any problems with your sewer or lateral drain, for example if it’s blocked, contact your local water company.

More information from Southern Water – https://www.southernwater.co.uk/sewer-ownership-changes

Cooper Adams Newsletter Spring 2015

Download (PDF, 3.76MB)

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