LADBROKE ASSOCIATION

The conservation society for the Ladbroke conservation area in the

Royal Borough of Kensington and Chelsea

 

 

 

 

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TEXT OF THE LONDON SQUARES PRESERVATION ACT 1931

 

This transcription does not include the Schedule to the Act which lists the 400-odd London square gardens affected by the Act, including the gardens on the Ladbroke Estate. The Act complete with the schedule can be consulted at the Local Studies Centre of Kensington Central Library.

 

There are references in the text to “marginal notes”. These notes have been reproduced here as italicised sub-headings.

 

 

 

An Act to provide for the preservation and for restricting the uses of certain squares gardens and enclosures in the administrative county of London and for other purposes.

 

                                                                                                  [31st July 1931]

 

WHEREAS the squares gardens and enclosures mentioned in the schedule to this Act are situate in the administrative county of London and are free from buildings or structures other than those which have been erected thereon for or in connection with the use or enjoyment of such lands as ornamental gardens pleasure grounds and grounds for play rest or recreation:

 

   And whereas the existence of the said squares gardens and enclosures is of great benefit to the said county by reason of the amenities arising thereby to the inhabitants thereof and by reason of the advantages to health which are thereby afforded:

   And whereas in the year one thousand nine hundred and twenty-seven a royal commission was appointed "to  inquire and report on the squares and similar open  spaces existing in the area of the administrative county of London with special reference to the conditions on which they are held and used and the desirability of their preservation as open spaces and to recommend whether any or all of them should be permanently safeguarded against any use detrimental to their character as open spaces and if so by what means and on what terms and conditions”:

 

   And whereas the said commission made their report on the eleventh day of September one thousand nine hundred and twenty-eight whereby they recommended (inter alia) that subject to certain reservations contained therein it was desirable in the public interest that with certain exceptions referred to in that report all the enclosures described in Appendix III thereto and num­bering four hundred and sixty-one enclosures should be preserved permanently as open spaces:

 

   And whereas the squares gardens and enclosures set out in the schedule hereto are all enclosures described in the said appendix but do not include any of the enclosures so excepted as aforesaid:

 

   And whereas it is expedient that subject as is mentioned in this Act the erection or placing of buildings-structures or erections on the squares gardens and enclosures described in the said schedule hereto and the use of the said squares gardens and enclosures for pur­poses other than those authorised by this Act should be prohibited as hereinafter provided in this Act and that such other provisions as are contained in this Act should be enacted:

 

   And whereas the objects aforesaid cannot be attained without the authority of Parliament:

 

   May it therefore please Your Majesty that it may be enacted and be it enacted by the King's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows :—

 

Short title

 

1. This Act may be cited as the London Squares Preservation Act 1931.

 

 

Interpretation

 

2.—(1) In this Act except as otherwise expressly provided or unless  the  subject  or  context  otherwise requires—

 

“the Council” means the London County Council;

 

“allotment garden” means any allotment not exceeding 40 poles in extent which is wholly or mainly cultivated by the occupier thereof for the production of vegetable or fruit crops for the consumption of himself or his family;

 

“daily penalty” means a penalty in respect of every day on which the offence is continued after conviction therefore;

 

“enactment” includes any public general local or private Act and any rule regulation byelaw order scheme or award confirmed by or made under any Act;

 

“protected square” means and includes any garden or enclosure or unenclosed land mentioned in the schedule to this Act;

 

“owner” means in relation to any protected square or other land the person for the time being entitled to dispose on a sale (whether or not he can give a receipt for the consideration) of the fee simple thereof subject or not to any lease or tenancy (whether or not with the consent of another person) and the holder of a lease for a period of not less than sixty years unexpired and includes—

(a) trustees upon whom  powers of  sale and management have been  conferred  by section 29 of the Settled Land Act 1925; and

(b) a mortgagee who has appointed   a receiver or taken   possession   but   save   as aforesaid does not include a mortgagee;

 

“street” has the meaning assigned to that term in the Metropolis Management Acts 1855 to 1893;

 

“trust” and “trustee” have the same meanings as in the Trustee Act 1925 and “settlement” “settled land” “tenant for life” “trustees of the settlement” “statutory owner” “personal representative” “capital money” “trustee for sale” and “trust for sale” have the same meanings as in the Settled Land Act 1925.

 

      (2) Any reference in this Act to any enactment shall be construed as a reference to that enactment as amended extended or varied by or by virtue of any subsequent enactment including this Act.

 

 

Protection of squares

 

3.—(1) Subject to the provisions of this Act a protected square shall not be used otherwise than for one or more of the following purposes (that is to say) the purpose of an ornamental garden pleasure ground or ground for play rest or recreation (in this Act referred to as “authorised purposes”) and no building or other structure or erection shall be erected or placed on or over any protected square except such as may be necessary or convenient for or in connection with the use and maintenance of such square for one or more of the authorised purposes.

 

       (2) Nothing  in  this   section  shall  be   deemed  to prevent the owner or lessee of a protected square or of the subsoil of a protected square from using the subsoil of the protected square or any part thereof or permitting the same to be used for the construction and maintenance of underground works and underground  buildings  in  a manner which will not interfere with the enjoyment or maintenance  of  the  protected square for any of the authorised purposes or (with the consent of the Council and subject to such conditions  as they may impose) from using so much of the surface as may be reasonably necessary and proper for the construction and main­tenance of underground works and underground buildings and for the erection of temporary buildings  and for entrances exits and ventilation shafts in relation to the said   underground works and underground buildings Provided that the Council shall not impose any condition except for preventing serious interference with the amenity of the protected square or the enjoyment or maintenance of the protected square for the authorised purposes.

 

        (3) The Council shall within the  period  of  two months from the date of the application for a consent of the Council under this section give notice in writing to the applicant of their consent to such application or of their refusal thereof or in any case in which the Council give a conditional approval to such application of such conditional approval and in any case in which the Council refuse their consent they shall intimate in writing to the applicant the grounds for their refusal.

 

        (4) Any person dissatisfied with any such refusal or with any condition attached to any such consent of the Council may within two months of the intimation to him of the decision of the Council appeal against such refusal or condition and any such appeal shall be settled by arbitration.

 

         (5) The   arbitrator   shall   consider   the   application made to the Council and may approve the same with or without conditions for preserving the surface of the protected square or may confirm or vary the refusal or condition appealed against and the decision of such arbitrator shall have effect as if it were the decision of the Council under subsection (2) of this section on the application the subject of such appeal but the arbitrator shall not give any decision which will permit any such use of subsoil or surface of a protected square as will in his opinion—

 

(a) cause any material encroachment on the surface of the protected square;   or

(b) interfere seriously with the amenity of the protected square or the enjoyment or maintenance of the protected square for any of the authorised purposes; unless he is satisfied that the encroachment or interference will be only temporary.

 

           (6) Any person appealing against any decision of the Council under this section shall give notice in writing to the Council of such appeal.

 

           (7) Nothing in this section shall prevent—

 

(a) the use as an allotment garden or nursery garden of any protected square which was so used immediately before the commencement of this Act; or

 

(b) the acquisition or use of any part of a protected square for the purpose of constructing widen­ing or altering any street.

 

         (8) Where by reason of the acquisition or use of any part of a protected square for the purpose of constructing widening or altering any street the area of the square available for the authorised purposes is so reduced as in the opinion of the Council to make it of little or no public advantage that any one or more of the provisions of this Act should continue to apply to the square as so reduced the Council may by order and subject to such conditions (if any)  as they may thereby impose declare that such provisions shall cease to apply thereto and upon the making of any such order such provisions shall cease to apply to such square accordingly but any such conditions as may have been imposed by the Council as aforesaid shall (save so far as the Council may from time to time by order vary or discharge the conditions) apply and continue in force.

 

       (9) Every person who contravenes or fails to comply with any of the foregoing provisions of this section or any condition imposed or order made thereunder shall be deemed to have committed an offence against this Act and (without prejudice to any other proceedings) shall be liable to a penalty not exceeding twenty pounds and to a daily penalty not exceeding the like amount.

 

       (10) Notwithstanding anything contained in this or any other enactment (and without prejudice to any power of the Council or other remedy) injunctions for the enforcement of the provisions of this Act and the observance of any conditions imposed thereunder may be granted at the suit or upon the application of the Council and in any proceedings brought by the Council for that purpose the  powers of the court shall include a power on the application of the Council to order the restoration of the square to as nearly as may be the state in which it was before the offence against this Act was committed in respect thereof including the removal of any building structure or erection which the court shall determine to have been erected or placed contrary to the provisions of this section.

 

      (11) It shall be the duty of the Council to enforce the provisions  of this  section  and the  observance of any conditions imposed thereunder.

 

      (12) Notwithstanding anything in any other enactment all penalties recovered under this Act shall be paid to the Council.

 

 

Exchange of other lands for protected squares

 

4.—(1) If at any time after the commencement of this Act the owner for the time being of any property of which a protected square forms part desires to rearrange such property or any part thereof in which any such square is situate and submits to the Council a proposal offering to exchange other land for the protected square or part thereof and such owner to the satisfaction of the Council secures the setting apart and laying out for any one or more of the authorised purposes of other land which having regard to its situation extent and amenities and the time at which it will be so set apart and laid out will in the opinion of the Council be a sufficient substitute for the protected square or part thereof (as the case may be) then the Council may by order declare that the provisions of this Act shall cease to apply to the protected square or part thereof (as the case may be) and thereupon such provisions shall cease to apply accordingly.

 

      (2)    So soon as any such other land has been so set apart and laid out as aforesaid to the satisfaction of the Council they shall make an order declaring that it has been so set apart and laid out and as from the date of such order the provisions of this Act shall apply to such other land in all respects as if the same were a protected square mentioned in Part I of the schedule to this Act.

 

      (3) If any person who has submitted a proposal under this section is aggrieved by the refusal of the Council to allow the exchange thereby offered he may appeal to the Minister of Health whose decision shall be final and if upon any such appeal the Minister is satisfied that the setting apart and laying out for one or more of the authorised purposes of the other land proposed to be exchanged for the protected square has been satisfactorily secured and that the exchange ought to be permitted the Minister shall make an order authorising   such exchange which shall have effect as if it had been an order made by the Council under subsection (1) of this section relating to the protected square or the part thereof (as the case may be) named in the order of the Minister.

 

Provisions as to compensation

 

5.—(1) The provisions of this section shall only apply to the protected squares specified in Part II and in Part III of the schedule to this Act.          

 

       (2) Not later than twelve months after the commencement of this Act any person who deems that his estate right or interest in any protected square is injuriously affected by the restrictions imposed by this Act affecting such protected square may give notice in writing to the Council of his intention to make a claim against the Council for compensation in respect of such injurious affection.

 

     (3) Any person who shall  have  given  notice  as hereinbefore provided of his intention to make a claim against the Council for compensation may deliver such claim to the Council at any time :

 

     Provided always that after the expiration of twelve months from the commencement of this Act the Council shall so soon as practicable (in any case in which they have received notice of intention to claim compensation under this Act from more than one person in respect of an estate right or interest in the same protected square and a claim for compensation has been made by one of such persons) require every other person who has given notice of intention to claim compensation in respect of an estate right or interest in the same square but has not delivered such claim to deliver such claim to the Council within three months from the receipt by him of such requisition by the Council:

 

Provided also that if any such other person shall object to such requisition on the ground that the right or interest in the protected square of the person who has made the claim is not well founded and sufficient to justify the Council in making the requisition such objection shall be referred to arbitration under the provisions of this Act and if the right of such person to make a claim be upheld by the arbitrator each person named in such requisition shall deliver his claim within three months after the service on him of notice of the award of the arbitrator but if the right of such person to make a claim be not upheld any other claims which may have been delivered to the Council in response to such requisition shall be deemed to be withdrawn without prejudice to the right of any person having delivered any such other claim to deliver a new claim as if the requisition of the Council had not been made.

 

     (4) Any claim made under the provisions of this section shall contain particulars—

 

(a) of the protected square in respect of which it is made and of the estate right or interest therein of the person making the same and the date of the document (if any) under which his right or interest became vested in him;

(b) of any right or interest in the protected square granted by him and of the date of any document by which any such right or interest was granted; and

(c) of the amount of compensation claimed.

 

     (5) No claim for compensation under this section shall be heard by the person to determine the same until after the expiration of eighteen months from the com­mencement of this Act nor unless the claims for com­pensation of  all  other persons  claiming  compensation under this section in respect of an estate right or interest in the same square shall be heard at the same time.

 

     (6) In any case in which notice of intention to make a claim is given and a claim is made by any person in accordance with the foregoing provisions of this section and the  Council and such person do not agree  that compensation is payable or as to the amount of any such compensation the matter in dispute shall subject to  the  provisions of this section be referred to  and determined by arbitration in  accordance with the provisions of the Lands Clauses Acts as modified by the provisions of the Acquisition of Land (Assessment of Compensation) Act 1919 as though it were a question of disputed compensation the determination  of which is provided for by the last-mentioned Act unless  the parties agree on some other method of determination.   In estimating the amount of any such compensation the person determining the same shall have regard to the amount by which the estate right or interest in any other property of the person making the claim would be enhanced in value by reason of the protected square in respect of which or of an estate right or interest in which the compensation is claimed remaining a protected square.

 

     (7) Within a period of six months from the date on which the amount of any compensation shall have been finally determined in respect of the estate right or interest of any person in a protected square the Council shall pay the same unless within that period they give notice in writing to such person either—

 

(a)    that they decline   to   pay   the   compensation determined and do not propose to make any order under the provisions of this section with reference to such protected square; or

(b)    that they decline to pay the compensation determined but propose to make an order (which they are hereby authorised to make) providing that this Act shall apply only to such part of such protected square as the Council may by such order define.

 

     In the event of the Council giving notice as aforesaid that they decline to pay the compensation determined and do not propose to make any order with reference to the protected square under the provisions of this section the compensation determined shall not be payable and the Council shall pay the costs incurred by the person in respect of whose estate right or interest the compensation was determined in connection with such determination and the provisions of this Act shall cease to apply to such protected square.

 

     In any case in which the Council give notice as aforesaid that they decline to pay the compensation determined but propose to make such an order as aforesaid and in the event of the order referred to in such notice being made within six months from the date of such notice the compensation determined shall not be payable and the Council shall pay the costs incurred by the person in respect of whose estate right or interest the compensation was determined in connection with such determination and the provisions of this Act shall cease to apply to the part of the protected square which is not defined by such order of the Council.

 

     (8) On any such order being made any person in respect of whose estate right or interest in such protected square compensation has been determined as aforesaid shall be entitled to make a further claim for compensation in respect of any injurious affection of his estate right or interest in such protected square by the restrictions imposed by this Act on the part of such protected square denned by the order and the foregoing provisions of this section (so far as applicable) shall apply to such further claim and to the making and determination thereof and to any compensation determined in respect thereof accord­ingly save that—

 

(a)  any such claim shall be made within three months from the date of the order relating to the protected square in respect of which the claim shall be made; and

(b)  no proceedings shall He to enforce payment of any such compensation but unless the Council shall within six months from the date on which any such compensation shall have been finally determined pay the amount thereof to the person entitled thereto the provisions of this Act shall cease to apply to the part of such protected square in  relation to which such compensation was determined; and

(c)  the Council shall not be entitled to make any further order under the provisions of this section with reference to such protected square.

 

       (9)  In any case in which proceedings are taken by any person as aforesaid or by the Council—

 

(a) to question the validity of any award of com­pensation ; or

(b) to determine any question of law stated for the determination of the High Court by any person to whom any question of disputed compensation under this Act has been referred;

 

any period of six months referred to in this section shall be deemed to be a period of six months from the date on which such proceedings shall have been concluded or if any award shall be consequent on such proceedings shall be deemed to be a period of six months from the date on which such award is made.

 

     (10) In any case in which—

 

(a) the Council pay any compensation determined under the provisions of this section in relation to any protected square or part thereof; or

(b) it is determined in accordance with the pro­visions of this section that no compensation is payable in respect of any estate right or interest in a protected square; or

(c) any person having any estate right or interest in any protected square agrees with the Council the amount of compensation payable to such person in respect of the injurious affection of his estate right or interest in such protected square or part thereof by the provisions of this section as hereinbefore provided or fails when so required by the Council to submit a claim in accordance with such provisions in relation to such estate right or interest;

 

the provisions of this section shall cease to apply to such protected square or part thereof or to such estate right or interest as the case may be.

 

     (11) In any case in which the Council give to any person notice under the provisions of this section that they decline to  pay the  compensation  determined  in respect  of any part of any protected square referred to in any such order of the Council as aforesaid the provisions of this Act shall as from the date of such notice cease to apply to the part of such protected square
to which the notice relates. No compensation shall be payable in respect of any thing done or any contract made in regard to any protected square after the eleventh day of September one thousand nine hundred and twenty-eight if in the opinion of the arbitrator to whom the question  of  disputed compensation is referred such thing or contract was not reasonably necessary and was done or made with a view to obtaining or increasing compensation under this or any similar Act.

 


As to compensation paid to trustees and mortgagees

 

6. Money paid by way of compensation under this Act in respect of any estate right or interest in any protected square shall if the money is paid to a trustee mortgagees or mortgagee be applied in like manner as if it were purchase money arising on the sale of the protected square under any trust or any statutory or other power for that purpose conferred on the trustee or mortgagee.

 


As to charity lands held by trustees

 

7. — (1) No person holding any estate right or interest as trustee in any protected square mentioned in Part II Part III of the schedule to this Act which is held for charitable purposes and no person holding any estate right or interest in any such protected square in a fiduciary capacity shall be under any liability by reason of his failing to make a claim for compensation in respect of the injurious affection of any estate right or interest in such protected square by reason of any restrictions imposed thereon under any provision of this Act :

 

     Provided  that  the  foregoing indemnity  shall  not  extend  to  trustees  of  a  protected  square  within  the jurisdiction of the Charity Commissioners for England and Wales or the Board of Education as the case may be unless such trustees have obtained from the said  com­missioners or board an order to the effect that a claim for compensation need not be made.

 

      (2) Subject to the provisions of this Act where any estate right or interest in any protected square mentioned in Part II or Part III of the schedule to this Act is vested in a trustee the High Court may on the applica­tion of any person beneficially interested therein make an order directing the trustee to give notice of intention to claim and make a claim for compensation under this Act and to claim compensation thereunder in respect of any such estate right or interest therein as aforesaid which is injuriously affected by this Act and in any such order the High Court may give such directions as to the court may seem just as to payment of the costs of the application   to  the  court  and  of  any  proceedings  for making and enforcing such claim which may not be payable by the Council.

 

     (3) Where  the  protected  square  or  part  of the square (whether held in fee simple or for a leasehold interest) in respect of which notice of intention to claim and the claim is to be given or made is—

 

(a)  settled land the notice and claim shall be given and made by the tenant for life statutory owner personal representative or other person in whom the settled land is vested (as repre­senting all persons interested under the settle­ment) and the compensation (if any) payable shall be treated as capital money arising under the Settled Land Act 1925 and shall be paid to the trustees of the settlement or to the personal representative (as the case may require) and the costs of giving the notice and making the claim may be raised and paid out of capital money arising under the said Act or other property held on the trusts of the settlement; or

(b)  held on trust for sale the notice and claim shall be given and made by the trustees for sale (as representing all persons interested in the proceeds of the sale and the rents and profits until sale) and the compensation (if any) payable shall be treated as proceeds of sale and paid to the trustees for sale and the costs of giving the notice and making the claim may be raised and paid out of any property held on the same trusts as the proceeds of sale; or

(c) vested in personal representatives the notice and claim shall be given and made by them (as representing all persons interested in the estate of the deceased) and the compensation (if any) payable shall be paid to the personal representatives and the costs of giving the notice and making the claim may be raised and paid out of other property held on the same trusts as the said square or part thereof.

 

Nothing in this subsection affects the right of any person not represented as aforesaid to give notice of and to make a claim in respect of his interest in the said square or part thereof.

 

     (4) Nothing in this Act shall affect the right of a mortgagee to require that—

(a) compensation when received shall be applied in   or   towards   satisfaction   of  his   mortgage money and interest; or

(b) notice (when applicable) shall be given of an intention to claim and a claim for compensation shall be made.

 

 

Contributions by City Corporation and other local authorities

 

8.—(1) The corporation may contribute to any expenditure incurred by the Council under the provisions of this Act in respect of any protected square situate within the city and the council of any metropolitan borough may contribute to any such expenditure incurred in respect of any protected square in their metropolitan borough.

 

      (2) Any contribution paid by the corporation under the provisions of this section may be paid by them out of the general rate or the corporation may if they think fit borrow for the purpose of paying any such contribution any sum or sums which they may think requisite on the credit of the said general rate and any such sum or sums may be borrowed by any one or more of the modes referred to in the Local Loans Act 1875 and that Act shall apply accordingly and for the purposes of that Act the corporation acting through the common council shall be a local authority.

 

     (3) For the purpose of paying to the Council any such contribution the council of any   metropolitan borough may borrow the requisite moneys and for the purpose of securing the repayment with interest of any money  so  borrowed  any  such  council may mortgage and assign all or any of the moneys or rates authorised to be raised or levied by them under the Metropolis Management Act 1855 and any borrowing by a borough council under this section shall be subject in all respects to the provisions of sections 183 to 189 of the said Act of 1855     Provided that  all moneys borrowed by the council of any metropolitan borough under the powers of this section shall be repaid within a period not exceeding sixty years from the date of borrowing.

 

       (4) For the purposes of this section “the corporation” means the mayor and commonalty and citizens of the city of London “the common council” means the mayor aldermen and commons of the city of London in common council assembled “the city” means the city of London and “the general rate” means the general rate of the city.

 

 

Agreements between Council and owners

 

9.—(1) The Council on the one hand and the owner of any protected square or any person interested therein on the other hand may enter into and carry out agreements with reference to any matter which may be the subject of an order made by the Council under any provisions of this Act and matters incidental thereto and in the case of any protected square mentioned in Part II or Part III of the said schedule as to the payment of any compensa­tion claimed by any such owner or other person as aforesaid under any provisions of this Act and matters incidental thereto and any such agreement may provide for such owner or other person as aforesaid foregoing compensation to which he might otherwise be entitled under this Act or for a reduction being made in any such compensation in consideration of the provisions of this Act or some of them ceasing to apply to such part of any protected square as shall be specified in such agreement and on any such agreement being made by which it is provided that the provisions of this Act shall cease to apply to a part of any protected square such provisions shall cease to apply thereto accordingly Provided that any agreement affecting land held upon charitable ecclesiastical or public trusts shall only be made with such consents as would have been requisite in the case of a sale of such land or when authorised by an order of the High Court.

 

     (2) Any such agreement may in particular and without prejudice to the generality of the foregoing subsection apply and extend to —

 

(a) the use of part of a protected square for ways for access to buildings erected on any other part thereof or to buildings surrounding or near to a protected square or any land to be laid out under the provisions of the section of this Act of which the marginal note is “Exchange of other lands for protected squares” ;

(b) the extension of the period within which notice must be given under subsection (2) of the section of this Act of which the marginal note is " Provi­sions as to compensation " or of the period of three months referred to in the first proviso to subsection (3) of that section.

 

 

Certificate that Act has ceased to apply

 

10. A copy of any order made by the Council or the Minister of Health under the provisions of the section of this Act of which the marginal note is “Exchange of other lands for protected squares” or of any order made by the Council under the section of this Act of which the marginal note is “Protection of squares” certified by the clerk of the Council or a certificate purporting to be under his hand that the provisions of this Act have ceased to apply to any protected square or part thereof under the provisions of the section of this Act of which the marginal note is “Provisions as to compensation” shall be admissible and received in all proceedings as evidence of any matter stated in such copy or certificate.

 

 

As to lands held for charitable and educational purposes

 

11. Nothing in this Act shall be deemed to authorise an agreement to be made relating to land within the jurisdiction of the Charity Commissioners for England and Wales or the Board of Education or to the assessment of compensation in respect of any estate or interest in such land without the consent of the said commissioners or board as the case may be or the sanction of the High Court.

 

 

For protection of Duke of Bedford

 

12. For the protection of the most noble Herbrand Arthur eleventh Duke of Bedford or other the owner for the time being of the protected squares known as Tavistock Square in the metropolitan borough of St. Pancras and Woburn Square in the metropolitan borough of Holborn and the persons deriving title under them (all of whom are in this section included in the expression "the owners") the following provisions shall unless otherwise agreed between the Council and the owners apply and have effect (that is to say):—

 

(1) Nothing  in  this  Act  shall  derogate  from  or affect the provisions of section 65 of the London County Council (General Powers) Act 1909 or the agreement confirmed by that section a copy of which is set out in the Second Schedule to that Act and which relate (inter alia) to Tavistock Square :

 

(2) Nothing in this Act shall prevent the  use of the whole or any part of the protected square known as Woburn Square in the metropolitan borough of Holborn for any purpose in connec­tion with the development of the London University:

 

(3) In consideration of the provisions of this section which enure for the benefit of the owners it is hereby enacted that no claim shall be made under the provisions of this Act for compensa­tion on account of any estate right or interest of the owners in the surface of Bedford Square or Woburn Square in the said metropolitan borough of Holborn or of Goldington Crescent in the said metropolitan borough of St. Pancras being injuriously affected by the restrictions imposed by this Act affecting such protected squares or any of them.

 

 

Special provisions as to certain squares

 

13.— (1) The provisions of this Act shall not apply to the portions hereinafter in this subsection mentioned of the following protected squares therein set out {that is to say:---

 

IN THE ROYAL BOROUGH OF KENSINGTON

 

Miss Joan Campbell:

  

Ashburn Gardens.

A strip on the northern side thereof of a uniform depth from that side of 70 feet.

 

Queen’s Gate Gardens.

A strip on the western side thereof of a uniform depth from that side of 70 feet.

 

 

 

The trustees under the will of Henry Smith

 

Cranley Gardens

A strip on the eastern side thereof of a uniform depth from the said side of 30 feet.

 

Evelyn Gardens (rear of Nos. 1-29 odd).

A strip on the north-western side thereof of a uniform depth from the said side of 35 feet.

 

Evelyn Gardens (rear of Nos. 2 to 30 even).

 

A strip on the south-eastern side thereof of a uniform depth from the said side of 45 feet.

 

Onslow Gardens (rear of Nos. 1 to 8 and 17a to 24).

 

Strips on the north-eastern and south-western sides thereof of a uniform depth from such sides respectively of 25 feet.

 

Onslow Gardens (rear of Nos.50 to 78 even).

A strip on the south-western side thereof of a uniform depth from such side of 30 feet.

Onslow Gardens (rear of Nos. 80 to 92 even).

 

A strip on the south-western side thereof of a uniform depth from that side of 30 feet.

 

Onslow Gardens (western portion)

A strip on the north-eastern side thereof of a uniform depth from that side of 20 feet.

 

 

 

 

IN THE METROPOLITAN BOROUGH OF PADDINGTON

 

The Paddington Estate Trustees and the Ecclesiastical Commissioners for England.

 

Cleveland Square

A strip on the north-western side of a uniform depth from that side of 20 feet.

 

Gloucester Square

Two strips one on the north­eastern side and the other on the south-western side thereof each strip of a uniform depth from such sides respectively of 20 feet.

 

Porchester Square

A strip on the northern side of a uniform depth from that side of 20 feet.

 

 

 

 

 

(2) The provisions of the section of this Act of which the marginal note is "Provisions as to compensation" shall not apply to—

 

(a)    any rights or interests in any part of the protected squares which are mentioned in the last preceding subsection of the persons whose respective names are set out in that subsection opposite to such pro­tected squares respectively and their successors in title to such rights or interests; or

(b)    any rights or interests in the protected squares mentioned in this subsection of the persons whose respective names are set out opposite such pro­tected squares respectively and their successors in title to such rights or interests (that is to say):—

 

IN THE CITY OF WESTMINSTER

 

The most noble Hugh Richard Arthur Duke

of Westminster

 

Eccleston Square

St George’s Square

 

 

IN THE METROPOLITAN BOROUGH OF CHELSEA

 

Sir Samuel Edward Scott and Mes­sieurs Coutts and Company trustees of the Cadogan Settled Estates.

 

 

 

Cadogan Gardens (three enclosures)

Cadogan Square

Carlyle Square

Hans Place

Tedworth Square

Trafalgar Square

 

 

 

IN THE ROYAL BOROUGH OF KENSINGTON

 

 

The trustees under the will of Henry Smith.

 

 

 

 

Egerton Crescent

Egerton Place (front enclosure)

Onslow Square (eastern portion)

Pelham Crescent

 

 

IN THE METROPOLITAN BOROUGH OF PADDINGTON

 

The Paddington Estate Trustees and the Ecclesiastical Commissioners for England.

 

Cambridge Square

Cleveland Gardens (central area)

Connaught Square

Hyde Park Square

Norfolk Crescent

Oxford Square

Sussex Gardens (triangle)

Sussex Square

 

 

 

IN THE METROPOLITAN BOROUGH OF STEPNEY

 

The Wardens and Commonalty of the Mystery of Mercers of the city of London

Arbour Square

York Square

 

     (3) The  Council  and any person named in  sub­-section (1) of this section and his successors in title to any protected square therein mentioned or to any right or interest in such protected square may enter into and carry out agreements providing for the variation of any provisions of the said subsection (1) in relation to any such protected square right or interest  but no such agreement shall affect the rights or interests of any person not being a party thereto save where the contracting party has power under this Act (but independently of this section) to represent other persons interested.

     (4)  If any question shall arise between the Council and any person named in the said subsection (1) or his successors in title to any protected square in such sub­-section mentioned or to any right or interest in any such protected square with reference to the position of the area of such protected square to which this Act is not to apply such question shall be settled by arbitration.

 

 

Saving for war memorials.

 

14. Nothing in this Act shall derogate from or affect anv rights or powers conferred by section 58 (Provision of war memorial on lands in St. Marylebone) of the London County Council (General Powers) Act 1928.

 

 

For protection of Inns of Court.

 

15.—(1) Notwithstanding anything contained in this Act the provisions thereof shall not apply to any protected square mentioned in subsection (2) of this section or to any part thereof so long as such square or such part thereof remains the property of or is held in trust for the society mentioned in that subsection.

 

      (2) The squares and societies hereinbefore referred to are—

 

 

Name of square.

 

Society

New Square Old Buildings and Old Square

The Honourable Society of Lincoln’s Inn

Middle Temple Gardens

 

 

The Honourable Society of the Middle Temple

Inner Temple Garden

 

 

The Honourable Society of the Inner Temple

Gray’s Inn Gardens Gray’s Inn Square and South Square

The Honourable Society of Gray’s Inn

 

 

     (3) If at any time after the commencement of this Act any protected square mentioned in subsection (2) of this section or any part thereof ceases to be the property of or to be held in trust for the society therein mentioned the provisions of this Act shall as from the date of such cesser apply to that square or such part thereof as if in relation thereto the period of twelve months from the date of such cesser had been referred to in subsection (2) and the first proviso to subsection (3) of the section of this Act of which the marginal note is “Provisions as to compensation” instead of the period of twelve months after or from the commencement of this Act.

 

 

For protection of Charterhouse Square.

 

16.—(1) Notwithstanding anything contained in this Act the provisions thereof shall not apply to the protected square known as Charterhouse Square or to any part thereof so long as such square or such part thereof remains  the property of or is held in trust for the governors of Sutton's Hospital in Charterhouse.

 

      (2) If at any time after the commencement of this Act Charterhouse Square or any part thereof ceases to be the property of or to be held in trust for the said hospital the provisions of this Act shall as from the date of such cesser apply to that square or such part thereof as if in relation thereto the period of twelve months from the date of such cesser had been referred to in subsection (2) and the first proviso to subsection (3) of the section of this Act of which the marginal note is " Provisions as to compensation " instead of the period of twelve months after or from the commencement of this Act.

 

 

For protection of City Corporation.

 

17. The provisions of this Act shall not apply to any  of the  protected  squares in the city of  London known as Bridgewater Square Finsbury Circus and West Corporation and West Smithfield so long as such square remains the property of the mayor commonalty and citizens of the city of London  and is maintained  by them for the  use and enjoyment of the public.

 

 

For protection of London Midland and Scottish Railway Company

18. Nothing in this Act shall prevent the London Midland and Scottish Railway Company from using the following protected squares in the metropolitan borough of St. Pancras that is to say Ampthill Square Camden Gardens Camden Square Euston Crescent and Euston Square for railway purposes other than the purpose of a dwelling-house.

 

Saving for certain railway companies.

 

19. Nothing in this Act shall prejudice or affect rights powers privileges and authorities under any of the Metropolitan Railway Company or the Metropolitan District Railway Company or either of them either solely or as joint owners of the City Lines and Extension Railway authorised by the Metropolitan and District Railways (City Lines and Extensions) Act 1879 or of the London Electric Railway Company or any easement or right lawfully enjoyed or exerciseable immediately before the passing of this Act by any of the said companies either solely or jointly.

 

 

For protection of Metropolitan Waterboard.

 

20. For the protection of the Metropolitan Water Board (in this section referred to as "the board") the following provisions shall unless otherwise agreed in writing between the board and the Council have effect (that is to say) : —

 

     (1) Nothing in this Act shall —

 

(a) prevent the construction placing laying inspection maintenance repair removal or renewal from time to time by the board of mains pipes culverts manholes or other apparatus in connection with the supply of water —

(i) in any protected square belonging or leased to them at the date of the commencement of this Act; or

(ii) in any other protected square in pursuance of any easement or right enjoyed or exerciseable by the board at the date of the commencement of this Act or of any statutory power existing at that date which would have been exerciseable by the board if this Act had not been passed;

or the use by the board of the subsoil of any protected square for any such purpose; or

(b) alter or affect any such easement right or statutory power as aforesaid:

 

Provided that the board shall not (except with the consent of the Council) execute any works in any protected square in such manner as to interfere (otherwise than tern-porarily) with the amenity of the square or the enjoyment or maintenance of the same for the authorised purposes nor shall any work executed by the board in any such square be so executed as to be above the surface of the adjoining ground Pro­vided also that before executing any work which may affect any trees in any protected square the board shall consult with the Council and observe any reasonable require­ment made by them to prevent damage to such trees by or in consequence of the execution of such work:

 

     (2) The  Council shall within the  period of two months from the date of the application by the board for a consent of the Council under the proviso to subsection (1) of this section give notice in writing to the board of their consent to such application or of their refusal thereof or in any case in which the Council give a conditional approval to such application of such conditional approval and in any case in which the Council refuse their consent they shall in the notice of such refusal state the grounds thereof No condition imposed by a consent given solely under the provisions of this section shall require payment of money to the Council:

 

     (3) If  the   board are dissatisfied with any such refusal or with any condition attached to any such consent of the Council they may within two months of the intimation to them of the decision of the Council by notice in writing to the Council appeal against such refusal or condition in which case the subject matter of the appeal shall be settled by arbitration:

 

     (4) The arbitrator may confirm  or disallow with or without conditions or modifications any refusal or condition appealed against or vary any such condition and the decision of the arbitrator shall be final and binding upon the board and the Council but the arbitrator shall not give any decision which will permit any use of subsoil of a square which will in his opinion cause otherwise than temporarily—

(a) any substantial encroachment on the surface of the square; or

(b) any serious interference with the enjoy­ment or maintenance of the square for any of the authorised purposes:

 

     (5) The board when appealing against any decision of the Council under this section shall give notice in writing to the Council of such appeal.

 

 

Saving for Lower Grosvenor Gardens.

 

21. Nothing in this Act shall prevent the erection or maintenance of statues or monuments with any rails or enclosures appurtenant thereto on the protected square in the city of Westminster known as Lower Grosvenor Gardens.

 

Provisions as to Cadogan Place.

 

22.—(1) Notwithstanding anything contained in this Act the owner of the protected squares in the metropolitan borough of Chelsea known as Cadogan Place (South) and Cadogan Place (North) and mentioned in Part II of the schedule to this Act may after the leasehold rights therein have expired or been determined at his discretion by notice in writing given to the Council select an area not exceeding two-fifths of each square for exclusion from the operation of this Act.

 

     (2) The owner shall deliver with the said notice a plan of the selected area.

 

     (3) If the Council allege by notice delivered to the owner within one month after the delivery to them of the notice and plan that  the  selected area exceeds the authorised quantity the matter in difference shall be submitted to arbitration under this Act.

 

     (4) If the Council do not deliver such notice as aforesaid  the  area  selected  by  the  owner  or  if  the Council  deliver  such  notice  the  area  determined  by the  arbitrator  shall  be  excluded  from the  operation of this Act and the owner may use such area for any building purposes for which the same could have been used if this Act had not been passed.

 

     (5) The provisions of the section of this Act of which the marginal note is “Provisions as to compensation” shall not apply to the rights and interests of the owner aforesaid in Cadogan Place (South) or Cadogan Place (North).

 

 

Saving rights in protected squares.

 

23. Save as by this Act expressly provided nothing contained  in  this Act shall be construed  to  alter or affect the inheritance or property of or in any protected square or any interest therein or any right power duty or authority relating to the maintenance management user or control thereof or any other right relating thereto.

 

 

Provision in case of future compulsory purpose.

 

24.—(1) If a protected square or any part thereof Provision in or any interest therein is acquired compulsorily the case of restrictions imposed by this Act on the use of the surface and subsoil thereof shall not be taken into account in ascertaining the purchase money or com­pensation payable in respect of such compulsory acquisi­tion but if any compensation has been paid under this Act in respect of the said restrictions the person receiving such purchase money or compensation for such compulsory acquisition shall pay to the Council an amount equal to the compensation paid under this Act in respect of such square or part thereof or interest therein or the proportionate amount of any compensation paid under this Act which may be reasonably considered to have been paid in respect of such square or part thereof or such interest therein.

 

     (2) If any question arises between any such person and the Council under the foregoing provisions of this section such question shall be referred to and be determined by arbitration.

 

 

As to orders notices &c.

 

25.—(1) Any  order  made  by  the  Council  under As to orders the provisions of this Act may be rescinded amended or varied by a subsequent order of the Council made in like manner as the original order.

 

     (2) Where  any  notice  or  other  document  under this Act or any   enactment incorporated   therewith requires  authentication  by  the  Council  the  signature of the clerk of the Council or any officer duly authorised by him shall be sufficient authentication.

 

     (3) Notices    and    other    documents    required or authorised to be served or given by the Council under this Act may except as by this Act otherwise provided be served by post or by delivering the same to or at the residence of the person to whom they are respec­tively addressed or where addressed to the owner of premises by delivering the same or a true copy thereof to some person on the premises or if there is no person on the premises who can be so served by fixing the same on some conspicuous part of the premises Provided that in the case of a company any such notice or document shall be delivered or sent by post addressed to the secretary of the company at its registered office or at its principal office or place of business Provided also that in the case of a firm any such notice or document' may be delivered or sent by post addressed to the firm by their firm name at their principal place of business and any notice or document so sent shall be deemed to have been delivered or sent to each member of the firm.

 

In proving service by post it shall be sufficient to prove that the notice or other document was properly addressed and put into the post.

 

(4) Any such notice as aforesaid which is required to be given to the owner of any premises may be addressed by the description of the “Owner” of the premises (naming them) in respect of which the notice is given without further name or description.

 

 

Arbitration.

 

26. Any question or difference which pursuant to this Act is to be settled by arbitration shall (except as otherwise provided by this Act) be referred to and deter­mined by a sole arbitrator to be agreed upon between the parties in difference or failing such agreement to be appointed on the application of either party (after notice in writing to the other of them) by the President of the Surveyors' Institution and subject as aforesaid the provisions of the Arbitration Act 1889 shall apply to any such reference and determination.

 

 

Recovery of demands.

 

27. Proceedings for  the recovery of any demand made under the authority of this Act whether provision is or is not made for the recovery in any specified court or manner may be taken in any county court having otherwise jurisdiction in the matter provided that the demand does not exceed the amount recoverable in that court in a personal action.

 

 

Recovery of penalties.

 

28. All penalties imposed or recoverable under this Act may be recovered in a summary manner.

 

 

Judges not disqualified.

       

29. A judge of any court or a justice shall not be disqualified from acting in the execution of this Act by reason of his being liable to any rate.

 

 

Money to be raised on capital account.

 

30. The Council may expend on capital account for the purposes of this Act such money as they may from raised ontime to time think fit and may borrow or otherwise provide the whole or any part of the money required for those purposes in accordance with the provisions of the
London County Council (Finance Consolidation) Act 1912.

 

 

Notice of orders under Act.

 

31.—(1) The Council shall publish in the London Notice of Gazette notice of any order made by the Minister of orders under Health or by them under the provisions of the section Act-of this Act of which the marginal note is “Exchange of other lands for protected squares” or of any order made by them under the provisions of the section of this Act of which the marginal note is “Protection of squares.”

 

     (2) The Council shall keep proper records of all orders and payments of money by way of compensation made under this Act and of all protected squares to which or to any part of which the provisions of this Act shall cease to apply or to which the provisions of the section of this Act of which the marginal note is “Provisions as to compensation” shall cease to apply pursuant to the provisions of this Act.

 

 

Powers of Act to be cumulative.

 

32. The provisions of this Act shall be in addition Powers of to and not in derogation of the provisions of any other enactment prohibiting the erection of buildings on or restricting the user of any protected square.

 

 

For protection of Crown lands.

 

33.—(1) Notwithstanding anything contained in this Act the provisions thereof shall not apply to the protected squares mentioned in Part III of the schedule to this Act or to any part of any such square so long as such square or such part thereof as the case may be remains—

(a) the property of His Majesty in right of His Crown whether the same is under the control and management of the Commissioners of the Crown Lands or otherwise; or

(b) the property of or is held in trust for the Duke ofCornwall for the time being; or

(c) the property of the Commissioners of Chelsea Royal Hospital; or

(d) property under the control and management of the Commissioners of Works.

 

     (2) If at any time after the commencement of this Act any protected square mentioned in Part III of the schedule to this Act or any part of any such square ceases to be the property of His Majesty or of or to be held in trust for the Duke of Cornwall for the time being or of the Commissioners of Chelsea Royal Hospital or property under the control and management of the Commissioners of Works as the case may be then the provisions of this Act shall as from the date of such cesser apply to that square or to such part thereof as if in . relation thereto the period of twelve months from the date of such cesser had been referred to in subsection (2) and the first proviso to subsection (3) of the section of this Act of which the marginal note is " Provisions as to compensation " instead of the period of twelve months after or from the commencement of this Act.

 

 

As to payments under the Act.

 

34. All costs and expenses of the Council in the execution of this Act shall be defrayed as payments for general   county  purposes within the meaning of the Local Government Act 1888 and the costs charges and expenses preliminary to and of and incidental to the preparing applying for obtaining and passing of this Act shall be paid by the Council in like manner.

 

 

This page was last updated 29.7.2014