This ex- Ministry of Defence (MOD) site, previously known as RAF Edzell, was set up in the First World War and extended considerably during the Second World War. In the mid-1960s the site was leased to the US Navy until 1997 until the base was closed and the site put up for sale. The married quarters (houses) were purchased by a developer, and the first houses were sold to individuals in 1999. The site currently comprises of 144 houses and 3 “non-domestic” properties (CDC, Ship’s Inn and Halsey School). The airfield and administrative buildings are currently privately owned by a local landowner.

1997

Base and married quarters (houses) close. Defence Estates put the sites up for sale.

1999

Married Quarters Site purchased by developer, Wellbeck Hodge Highland.

Aberdeenshire Council, in negotiations with the developer, state that planning permission is required for houses. This is contested by developer and taken to Secretary of State for Defence who, through the Scottish Office, refuse Aberdeenshire Council’s request.

As an autonomous military base, the local authority was notified by the MOD of planning developments at RAF Edzell, but MOD could then carry out the work regardless of the views of the Local Authority, resulting in roads, pavements, street lighting, drainage and sewerage disposal services which did not meet planning and building standards set by Aberdeenshire Local Authority for the later adoption of these services. The developer is therefore allowed to develop the estate at minimal cost, setting it up as a private estate not supported by Aberdeenshire Council for the purposes of roads, pavements, street lighting, drainage, sewage and the grounds.

Developer sets up Edzell Woods Management Ltd to manage the infrastructure of the estate. This is incorporated into the titles and burdens. John Sinclair of Cooper & Hay (the developer’s solicitor for the site) is appointed property manager. The purpose of the Edzell Woods Management Ltd (EWML) is to provide a management company to collect fees to allow for the maintenance of all the common development areas and the sewage treatment works (all jointly owned and maintained by property owners collectively).

1999 -2001

Houses are upgraded to basic requirements – though not even electrical certificates are issued with the houses. Purchasers though had little difficulty in obtaining mortgages for both the RAF and US Navy houses.

2000

Developer without informing any of the purchasers makes moves to install a state of art sewage treatment plant on the playing fields of the common development area. A number of first, second and third phase homeowners took exception to this and blocked the installation contractors, and raised a petition. A resident’s association, Edzell Woods Resident’s Association (EWRA), was formed to deal with common site issues, but was the group was not recognised by the developer.

A meeting was held in the old Halsey School by the developer, attended by councillors and local landowners with vested interest, but was unfortunately badly managed by the developer and his team. Many questions regarding the sewage installation and maintenance of the existing sewage treatment works (STW) remaining unanswered. A further meeting was held at the Galley on the base, attended by a local solicitor, the local base owner and home-owners: many voted that the plant be stopped from being installed and took out a court order to stop the developer proceeding further. Much discussion was held with Aberdeenshire Council relating to planning etc. The result was that the offer of a modern, sophisticated sewage processing plant (which we now understand could have been maintained by Scottish Water Authority and cost less than the charges levied at present) and a landscaped play park was withdrawn by the developer. The developer then had to sell on the new black box (specifically built for the site) at a reputed substantial loss.

Relations between the owners and developer deteriorated. The developer did however carry out limited upgrading to re-commission the STW and installed a new wet well collector tank, pumps on the common development site. This in essence meant that we as owners were left with an old but working STW and were directly responsible for the maintenance and upkeep; we were also legally bound to allow the owner of the base to discharge into the STW though he has to pay an equitable share of the costs. The property manager had awarded a contract for grounds maintenance costing some £34K yet the maintenance income was only approximately £28K and no charges were as yet being raised for sewage costs. Owners started to object about certain owners/residents who refused to pay the maintenance charges. No accounts were forthcoming from the Property Manager.

2002

Between January to June, owners are disgruntled and eventually gradually most stop paying any monies to EWML. This has the circuitous effect of no money equals no maintenance and all Edzell Woods Management contracts stop. In May, EWML via property manager issues a letter and invoice to owners splitting the maintenance and STW charges. A copy of this letter and invoice (Fact No 3) was sent out to remind all those who think that all maintenance and STW charges should only be £25 month (read this carefully and it will give you a reminder or insight into what the actual costs from EWML were going to be). EWML annual total charges (maintenance + STW) were estimated at £833.52.

In June, Edzell Woods Residents Association hold an AGM on site, dissolved the existing EWRA, and owners replaced it with a newly formed Edzell Woods Owners Group, with a more representative committee and chaired by Dave Mann (Forrestal Street). The main objective was to liaise with the EWML via the Property Manager and the developer to try to resolve the difficulties of no contracts, no accounts, and non-payers not being pursued actively by the management company. The property manager attended two EWOG committee meetings, made numerous promises but honoured few and eventually he resigned. This left the site with a situation of no property manager, no maintenance of the Common Development Area (CDA), and an STW that had little or no evidence of any maintenance being carried out by the only contractor remaining. The site had a neglected appearance, and houses often did not sell and were difficult to let.

In November a major blockage of the communal sewage pipes occurred, resulting in raw sewage spilling out on site and contaminating the local water table. All owners receive a letter from Aberdeenshire Environment Dept giving warning that if the site failed to correct the spillage and blockages immediately fines could be imposed on all owners. Dave Mann coordinated a team of owner-volunteers and after two days, the blockages were cleared (this was due to residents putting nappies, tampons, contraceptives, face wipes down the WCs.) It is interesting to note that although Aberdeenshire Environmental Dept had contacted EWML no response was forthcoming.

EGM held in December to discuss the problems of lack of maintenance, property manager and the state of the STW. The current contractor who was maintaining the STW was present and stated that he had not been paid (ca £52,000) and that he could not continue unless payment was forthcoming (he later withdrew his labour from the STW; informing Aberdeenshire Council and SEPA). A motion that owners should pay £25.00 per month to cover all the maintenance costs of the CDA excluding the Sewage Treatment Works was given a majority vote and the EWOG committee was empowered to initiate the system. There was a caveat that a minimum of 120 owners should be paying before any contracts or work was put in place. Unfortunately after three/four months, only 111 owners were paying and the committee took the decision, not without serious argument to place contracts for electricity for street lighting and sewage pumps as well as grounds maintenance to bring the estate back up to an acceptable standard.

2003

Concurrently in January 2003 after meeting with officials of Aberdeenshire Council to discuss our plight, we were advised to pursue legal advice about the situation relating to ownership of the STW and what the implications were for the owners. This resulted in a definitive letter from Paull & Williamsons stating that all owners had a joint responsibility for maintaining the STW and were liable for the discharge. Certain owners maintain that their solicitor advised that the STW is neither owned nor maintained by the owners. Any owner who received this advice at the time of purchase is strongly advised to seek advice from a firm of solicitors who have conveyance expertise within their practice to clarify the situation. Many solicitors possibly do not have such depth of expertise and may not have picked this important point up in their initial searches. It is however clearly laid down in the titles and burdens of every property at Edzell Woods (Enclosure).

During January and February discussions were initiated with Scottish Water Authority to ascertain the state of the STW with the long-term aim of them taking over the complete plant. This would require a full survey to be financed by EWOG and as no money could then be spent on Sewage this proposal lapsed. Scottish Water Authority also stated quite clearly that they would not adopt the current network system (serving both housing and the base) as it stands.

In April the first Edzell Woods Owners Group (EWOG) contract was awarded by competitive tendering for grounds maintenance and was to run for two years. Electricity for street lighting and primary sewage pumping station was taken on by EWOG. Surveys of road repairs started but only slow progress was made. This was because our EW Estate had inherited a bad reputation in respect of paying bills and had to prove that it could pay its way with contractors.

The EGM was held in July to discuss the way forward for the Sewage Treatment Works. Several motions put forward and carried by majority. The main thrust being that irrespective of whether or not Scottish Water Authority might take over the STW we had to get the plant up and running in the interim so that the houses could remain as habitable properties. A budget was produced and owners agree by majority to pay £30 for 5 months up to and including Dec 2003 then £25 monthly. Little could happen until such time that financial reserves were built up and it was assumed that unknown financial liabilities might exist and would have to be met (eg. Electricity, SEPA charges, business rates).

The EWOG AGM held at Inglis Hall in October. Budget for current and following year approved for committee to implement. Proposal to appoint a factor to initially collect fees and manage current contracts and eventually take over total management of the estate approved.

2005

In June, legal process begins to dismiss existing property manager Edzell Woods Management Ltd and replace with the EW Owners Group as legal Property Manager. On September 25 EWOG (i.e. all owners of property) collectively became the Property Manager.