Your garden square and you

Here you will find information on the Garden Squares, for which a levy is collected as part of the Council Tax, how they are run, what is charged for them and how this is calculated.

• Background
• External legal advisers for Garden Square Committees
• The Council's Role
• The Garden Committee's Role
• The legislation
• List of squares formed under the Acts of Parliament
• Forms - Garden Squares, what to do if you want to bring a square under one of the Acts
• Council Tax and Garden Square Levies see the Local Taxes webpages Council Tax and Garden Square Levies
• Garden Square Frequently Asked Questions (FAQs)
• Contact us

Background

There are over 100 garden squares in the Royal Borough of Kensington and Chelsea. These garden squares are a major element of the character of the Royal Borough and provide a welcome contrast to the densely built up landscape.

Forty-six of the garden squares in the Royal Borough are under the care and management of garden committees constituted in accordance with either the Kensington Improvement Act 1851 ("the 1851 Act") or the Town Gardens Protection Act 1863 ("the 1863 Act"). Money for the management and maintenance of a garden square, covered by either Act, may be raised via the Council Tax. This is known as the "Garden Charge".

This information has been prepared as a guide for residents to the legislation regulating garden squares. However, if residents require legal advice in relation to a particular garden square, they need to take their own independent advice.

External legal advisers for Garden Square Committees

The Council has commissioned external legal advisers for Garden Square Committees for ad hoc advice. The advisers are:

Pemberton Greenish Solicitors
45 Pont Street
Knightsbridge
London
SW1X OBX.

The person to contact is Mr. Robert Barham:

• Telephone: 020 7591 3386
• Fax 020 7591 3300
• Emailr.barham@pglaw.co.uk

The Chairmen and Secretaries of Garden Square Committees are authorised to seek ad hoc legal advice from Pemberton Greenish on general matters. The arrangements do not include legal support on drafting of complex legal documents or litigation. The firm will deal with general queries on matters such as:

• Interpretation of the Town Gardens Protection Act 1863 and the Kensington Improvement Act 1851
• Constitutional issues arising from meetings of the Garden Square Committees
• General property related issues concerning garden squares

The Council's Role

The Council's primary responsibility is to raise the money requested annually by the garden committee for the maintenance of the garden square. The money is raised by means of an additional levy on the Council Tax of those people whose properties surround the square plus any other properties that have been included, as properties subject to the levy by a resolution of the garden committee.

The Council does not, therefore, have any responsibility or, indeed, jurisdiction in relation to the management of the garden.

The Garden Committee's Role

The garden committee or, if appointed, any sub-committee is responsible for the management of the garden. It is the committee that decides how the garden should be managed and the income and expenditure necessary to do so. Council Tax Payers should, therefore, direct queries they have about the management of the square to the elected officers of the garden committee. If you do not know who these people are the Council can advise you of their names and addresses.

The Legislation

Kensington Improvement Act 1851

The 1851 Act applies to garden squares within the parish St Mary Abbots, Kensington. See below for the Garden Squares formed under the 1851 Act.

In relation to garden squares covered by its provisions, the 1851 Act provides:

• Those liable to pay Council Tax in respect of any dwelling surrounding the square and who have been resident for at least a year, are members of the garden committee
• The garden committee can appoint a sub-committee
• The garden committee or sub-committee is exclusively responsible for the care, management and regulation of the garden
• Procedures for the calling and conduct of meetings of the garden committee and sub-committee
• The garden committee must elect a chairman who has a casting vote
• The garden committee and any sub-committee have the power to make byelaws for the proper management of the garden
• At an annual meeting, the garden committee may determine the amount of money, to be raised via an annual levy as part of the Council Tax, which is necessary to maintain and keep the garden in order; accounts of the previous year's expenditure must be produced at this meeting
• Those people who have the right to use the square (although the garden committee may by resolution allow others to use it).

Town Gardens Protection Act 1863

The Town Gardens Protection Act 1863 applies throughout the Royal Borough. See below for the Garden Squares formed under the 1863 Act.

The 1863 Act is far less detailed than the 1851 Act, however, in relation to garden squares covered by its provisions the 1863 Act provides that:

• The residents of the dwellings surrounding the garden elect a garden committee annually
• The garden committee must consist of not more than nine nor fewer than three of the inhabitants of the dwellings surrounding the square who are liable to pay Council Tax
• The garden committee may, at an annual meeting, determine the amount required for the maintenance or management of the garden to be raised via an annual levy as part of the Council Tax
• The garden committee has the power to make byelaws for the management and protection of the garden.

List of squares formed under the Acts of Parliament

Garden Squares formed under the Town Gardens Protection Act 1863

Garden Squares formed under the Town Gardens Protection Act 1863

Arundel Gardens and Elgin Crescent	Lansdowne Gardens
Blenheim Crescent and Elgin Crescent	Lansdowne Walk and Lansdowne Road (Hanover)
Emperor's Gate	Montpelier Gardens
Ladbroke Grove	Notting Hill
Lansdowne Road and Elgin Crescent

For further information on the Town Gardens Protection Act 1863 see the page Acts of Parliament relating to the management of garden squares in the Royal Borough.

Garden Squares formed under the Kensington Improvement Act 1851

Garden Squares formed under the Kensington Improvement Act 1851

Addison Gardens	Holland Road and Russell Road
Arundel Gardens and Ladbroke Gardens	Hornton Street and Holland Street
Avondale Park Gardens	Iverna Court
Barkston Gardens	Kensington Square
Bina Gardens (West)	Lexham Gardens
Bolton Gardens	Moreton and Cresswell Gardens
Bramham Gardens	Nevern Square
Brompton Square	Norland Square
Campden Hill Square	Ovington Square
Campden House Court	Pembridge Square
Clarendon Road and Lansdowne Road	Philbeach Gardens
Collingham Gardens	Royal Crescent
Cornwall Gardens	St James's Gardens
Courtfield Gardens (East)	Stanley Crescent
Courtfield Gardens (West)	Stanley Gardens (North)
Earls Court Square	Stanley Gardens (South)
Edwardes Square	Sunningdale Gardens
Gledhow Gardens	Wetherby Gardens
Hereford Square

For further information on the Kensington Improve Act 1851 see the page Acts of Parliament relating to the management of garden squares in the Royal Borough.

Contact information for Garden Squares

If your garden square is one of the forty-six listed above and you have enquiries about how your garden is run or wish to obtain a key you will need to contact your Garden Committee. If you do not have these details please contact the Revenues Policy and Control Section:

• telephone: 020 7361 3276
• email: ltclient@rbkc.gov.uk
• write to: Revenues Policy and Control Section, Room G28A, Town Hall, Hornton Street, London, W8 7NX.

Important: If the garden you are interested in is not one of the forty-six listed above go to the webpage Tenants' and Residents' Associations Listing to find the contact details for other Garden Committees and Residents Associations within the Borough. This is a database updated by the Planning Services. If you have difficulty finding the information phone Planning Services direct on 020 7361 2091.

If you have any queries regarding the contents of this webpage, or any other matter concerning the Council's role in relation to Garden Levies see Contact Gardens Squares.

Garden Square FAQs

We have created a list of the Borough's most Frequently Asked Questions (FAQs) related to garden squares. If you have a basic question about garden squares, check to see if we've answered it in the page Garden Square FAQs.

Related Information

• Bringing a square under the Kensington Improvement Act 1851
• Complete version of Kensington Improve Act 1851
• List of Garden Squares formed under the Acts of Parliament

Garden Squares

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