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ePaper created 2015-05-28, 18:34:54 | version 1.33.0
Robert Barham Senior Partner Residential Real Estate r.barham@pglaw.co.uk 020 7591 3386 On 10 February 2015, the Royal Borough of Kensington and Chelsea won an important High Court case against Eliterank, a property developer, relating to the development of a light well in a basement excavation that backed onto a communal garden, considered to be one of the most beautiful garden squares in London. The case represents a significant victory for all those who wish to preserve the integrity of London’s gardens from encroachment by neighbouring owners and developers. The case is the first known case to have been taken under what was until now considered to be an obscure piece of legislation, the London Squares Preservation Act 1931, which prohibits the development of protected gardens in London. The case centred on the development of a light well at the rear of 25 Collingham Road, London SW5. Planning consent to excavate the light well was granted in 2012, despite warnings from the Council A Victory for Communal Gardens 2 pg lore summer 2015 02075913386