The Committee has set certain rules which must be observed by residents of the community and their guests. They are set out below.
In addition, as outlined in the ‘About Us’ section, all owners of property adjoining the Gardens when purchasing their property committed to abide by the terms of the Rent Charge Deed. To remind yourself of the obligations you have agreed to, you can see a copy of the Deed by clicking on the link below.
There are also rules to be observed when you are giving builders access to the garden to work on the rear of your property. They are set out in Section B of the document you can access by clicking the link below.
There are also certain rules for residents of flats adjoining the private roadway on the Clifton Gardens end of the Garden relating to parking permits for the roadway. You can see these rules by clicking on the links below.
GARDEN RULES
Access
1. Access to the General Gardens is only granted to Residents, Guests and Tradesmen. Guests must be accompanied by a Resident. Tradesmen must have permission from the Managing Agent before entering the General Gardens.
2. The Managing Agent will issue access identification to the General Gardens to Residents for a
deposit and an administration fee as determined by the board of directors from time to time. Proof of residence and photographic identification are required.
3. No gate or door to the General Gardens shall be left open or unattended.
Conduct Principles
4. In the General Gardens, Residents and Guests are required to conduct themselves in a way that balances their right and the rights of other Residents to the beneficial use of the General Gardens. These rights are defined by the following three “Conduct Principles”:
4.1. Safety: They must not put themselves or others at risk of harm or injury.
4.2. Quiet: They must allow other Residents to peacefully enjoy the General Gardens.
4.3. Care: They must not damage or pollute the General Gardens.
Specific Bans
5. For the avoidance of doubt, the following are prohibited in the General Gardens based on, but subordinate to, the Conduct Principles:
5.1. Playing games with inflatable balls, except for children under 10 years of age
5.2. Playing with any hard or non-inflatable balls
5.3. Playing any games or otherwise using the General Gardens while wearing boots with studs, cleats or spikes
5.4. Operating drones, model aircraft or other motorized flying devices
5.5. Riding pedal bicycles, skateboards, or other non-motorized vehicles; except pedal bicycles ridden by children under 10 years of age who are supervised
5.6. Riding or using motorized bicycles, tricycles, scooters or other motorized vehicles;
5.7. Playing on the ramp leading to Warrington Crescent.
5.8. Climbing the trees, walls, fences, lamp posts or gates
5.9. Leaving young children unsupervised by an adult
5.10. Bringing dogs into the General Gardens without being safely controlled on a lead by its owner at all times
5.11. Dog owners or those controlling the dog failing to remove and properly dispose of the dog’s excrement
5.12. Making excessive noise, including music, or behaving in an antisocial manner, i.e. breaching 4.2 above
5.13. Leaving litter or unattended items including bicycles (unattended items may be removed without notice)
5.14. Lighting barbecues or fireworks or installing tents, marquees, bouncy castles or similar items
5.15. Bringing into the General Gardens any glass beverage containers or other breakable glass.
Private Parties
6. Residents wishing to hold a private party of more than 10 people in the General Gardens must seek permission from the Managing Agent at least five days in advance of the intended party
7. Residents hosting a private party:
7.1. may not cordon any area or otherwise restrict use of any area of the General Gardens for their exclusive use, and
7.2 must ensure that they and their Guests do not breach any of these Regulations.
Quiet Enjoyment Principles (Section 4.2)
8. Residents shall not make excessive noise, including playing music, from private patios, balconies and open windows.
9. Residents shall not install or maintain security or other exterior lighting that, when illuminated, is excessive, misdirected, obtrusive or otherwise pollutes or disturbs the garden and its residents.
Enforcement
9. Any Resident observing a breach of these Regulations is requested to either draw the breach to the attention of the offender or report it to the Managing Agent by phone or email or by using the Website.
10. Breaches of these Regulations may, at the Crescent Amenity’s absolute discretion, result in a penalty, charges for reparations and costs, or both. The Crescent Amenity also reserves the right to deny Residents or Guests access to the General Gardens if they are deemed to have breached these Regulations. This includes revocation of any access key(s) to the General Gardens and forfeiture of the key deposit(s).
11. Freehold Owners shall, on demand, make good to the Crescent Amenity and indemnify the Crescent Amenity against, all losses, damages, costs, expenses, penalties and claims arising from any breach of these Regulations by their Residents and their Guests.
12. To the extent permissible by law, the Crescent Amenity accepts no liability for any damage, accident or injury orother loss sustained by Residents, Guests, or others on its Estate.
Definitions
The words and expressions used in these Regulations have the meanings ascribed to them by the Rentcharge Deed and Transfer. Additional definitions are as follows:
“Guest” Someone, who is not a Tradesmen as defined below, invited onto the Estate by a Resident.
“Managing Agent” The person or company appointed by the Board of Directors to manage the day-to-day operation of the Crescent Amenity. Their contact details are available on the Website.
“Resident” A freehold Owner or a person who legally and lawfully resides in a Crescent Property. “Crescent Property” A Transferable Property as defined in the Rentcharge Deed.
“Tradesmen” Tradesmen or agents appointed by a Resident to maintain, improve, manage, or inspect a Crescent Property or make a delivery to a Crescent Property.
“Tradesmen Permit” A Permit to park in the Roadway provided to a Tradesman who has been appointed by a Resident of 2 to 22 Clifton Gardens.
“Website” The Crescent Amenity’s website at www.crescentgarden.co.uk.
It was resolved at the meeting of the Board of Directors of Crescent Amenity Limited on the 5th February, 2020 to adopt these rules and regulations (the “Regulations”) pursuant to paragraph 13 of the Fifth Schedule to the Rentcharge Deed and Transfer dated the 14th day of August 1981 between The Church Commissioners for England and the Crescent Amenity (“Rentcharge Deed”) as an addition to the rules and regulations appearing in the Seventh Schedule of the Rentcharge Deed. In adopting these Regulations, the Board revokes any such previous Regulations.