Rules & Bylaws
Definitions
In these rules the following expressions have the following meanings: “Gardens” means the enclosed Gardens at Courtfield Gardens West administered under the care of the Committee in accordance with the Kensington Improvement Act 1851.
“Committee” means the sub-committee of the Gardens appointed in accordance with the provisions of the Kensington Improvement Act 1851.
“Resident(s)” means the owners and occupiers of properties in COURTFIELD GARDENS WEST who are entitled to access the Gardens in accordance with the provisions of the Kensington Improvement Act 1851 / 1931 Act of Parliament and who pay for its upkeep by way of a surcharge on the council tax levied by the Royal Borough of Kensington & Chelsea.
The Garden contains many old and rare plants and trees. The stately London Plane tree which dominates the garden is one of the oldest plane trees in London. A wide variety of birds, insects and small mammals have made their homes in the wildlife garden.
The use of the Garden is governed by its Rules (the Byelaws) which are posted on the notice board, situated inside the gate on the Western side of the gardens. These rules are also to be found on this website. We ask residents to comply with the rules of the garden square at all times.
-
(The procedure for obtaining keys is set out clearly on the Courtfield Gardens Website and must be strictly observed in all cases)
Access to the Gardens is limited to Residents who are bone-fide key holders and their permitted guests.
Residents may invite a reasonable number of guests to accompany them but at all times the Resident himself or herself must be present and the Resident will be responsible for the behaviour of the guest.
Those persons using the Gardens, whether residents or guests, do so on the understanding that they will at all times comply with the Rules & Byelaws.
All residents and guests must leave the Garden by 9.00pm (or dusk if earlier). The Gates will lock automatically at 11.0pm and will not open until 5.0am.
The gate to the Gardens must be kept locked at all times when not in actual use and particular attention should be paid to the secure closing of the gate when leaving the Gardens.
-
Applications for keys should be sent to the enquiries form to be found on the website: info@courtfieldgardens.net and will be issued by Westbourne Block Management Limited (Aaron Landeryou). No key shall be issued to an Estate Agent, Managing Agent, Landlord or Building Contractor. Under the terms of the Kensington Improvement Act, 1851 “Occupier shall not include a Lodger or a Party in the occupation as Tenant of a furnished House let for less Period than One Year”.
Keys issued remain at all times the property of the Committee and one fob-key only is allotted per household.
A deposit of £100 will be required before a key is issued to a qualifying resident. Each key will be issued with a record of the address of the key-holder together with their email/telephone details, for contact purposes.
If a Resident ceases to be a qualifying freeholder/leaseholder/tenant he or she undertakes to return the key to the Committee and upon doing so shall be refunded the deposit paid for the key. The key will then be automatically deactivated.
Residents undertake not to loan or give Gardens keys to any other person (except members of the Resident’s own family or others living with the resident at their property).
By accepting a key a Resident is deemed to have agreed to comply with all the Bylaws Rules of the Garden. Therefore any Resident seen in non-compliance with these Byelaws will forfeit their right to a key and the right to use of the garden and will have their key deactivated.
Any Resident who is asked for their address by a Sub-Committee member must provide it.
When applying for a key, the Residents will be asked to submit the following documents in person to Westbourne Block Management:
A Valid Passport;
Current Council Tax Bill;
Current Utility Bill addressed to the resident. If the applicant has Rental Tenancy he/she must also produce a Rental Contract of at least one year (1yr) to qualify for a key to the Gardens.
The sum of £100 as deposit.
-
The Garden is for the enjoyment of all residents and therefore no parties are permitted at the weekend. No party or other gathering shall be permitted in the Gardens without permission from the Sub-Committee. An application must be made 14 days in advance by email to info@courtfieldgardens.net.
Adult Parties. More than 10 guests is regarded as a party. No charges will be made for parties of up to 15 guests. A charge of £500 will be made for a party of 16 – 30 guests. Parties of over 30 guests will be charged a minimum of £1,000. The maximum number of guests for a larger party is 100. A party should not exceed 4 hours in length. The Sub-Committee can authorise up to 3 large parties during the year and these are the only exceptions to the conditions set out above.
Childrens’ Parties. No children’s parties to exceed two hours (2hrs), including clearing up time, respecting the watershed of 6.00pm. Children’s parties should not exceed 15 children and 15 adults. Parties that exceed these numbers will be charged £500, an application must be made 14 days in advance by email to info@courtfieldgardens.net. A party of up to 10 children & 10 adults requires a fee of £300. For a party of between 10 & 15 children & adults the fee is £500. Any party held without authorisation from the Sub-Committee will result in immediate de-activation of this holder’s key/fob.
No large structures, such as bouncy castles, gazebos or extra children’s play equipment may be brought into the garden. In giving its approval the Committee may impose additional restraints or conditions upon the person to whom consent is given and in that case such person will comply with the additional conditions or restraints.
-
Any Resident who provides access to the Garden for any child or children shall at all times be responsible for their behaviour and in particular shall ensure compliance by the child or children with these Rules. Children must not make undue noise in the garden. The hours between 6.0pm and 8.0pm are designated as a ‘quiet time’ in the garden. Parents/carers must adhere to this, to allow some time for residents to enjoy the peace and quiet of the garden. Noisy or disorderly conduct or other behaviour likely to interfere with the use and enjoyment of the Garden, or to disturb the residents of neighbouring properties is not allowed in the garden, with particular emphasis on weekends.
Play is not permitted in the flowerbeds, nor any activity that may cause damage to trees, plants or lawn, or engender excessive noise. Key-holders will be liable for any damage caused to any part of the Garden by their children. Parents/carers are asked not to allow small children to urinate on either the lawn or the flowerbeds.
NO BALLS OR FRISBEES are to be brought into the garden. No sporting games may be played in the garden, including Badminton (repeated playing of which damages the lawns). ACTIVITIES THAT INVOLVE KICKING, THROWING OR PROPELLING ANY OBJECT ARE STRICTLY FORBIDDEN. This is due to repeated damage to the flora and fauna and in response to the numerous and continual complaints from residents disturbed by these activities.
No bicycles or wheeled objects to be brought into the Gardens by children (see 6.1 below)
For safety reasons Children may not enter the Wildlife Garden. The gate will be securely locked at all times.
Parents and carers are respectfully asked to not allow their small children to play with the gravel and particularly not to transport it onto the lawn. The gravel is taken up by the mowers and is then expelled with velocity, becoming very dangerous for both the gardeners using the mower and those children playing nearby.
The sand pit area is reserved for the younger children and parents and we ask other residents to respect this by keeping the older children from playing in this section of the garden. Parents/carers must ensure that the sand stays in the sandpit and is not transported to other parts of the garden.
-
No resident, guest or child shall ride or push any bicycle, scooter, toy pram, or any other wheeled device in the Gardens, due to the damage they cause to the lawn. Children must leave their scooters/toy prams inside the entrance gate and not use them in the Gardens. (The only exception to this rule being the use of wheelchairs by disabled Residents/Guests)
-
The playing of music and the use of noise amplification systems in the Gardens shall not be permitted at any time.
Residents must ensure that at all times noise (including that made by their children) is kept at a level that does not cause disturbance to other users of the Gardens.
Noisy or disorderly conduct or other behaviour likely to interfere with the use and enjoyment of the Garden, or to disturb the residents of neighbouring properties is not allowed in the garden, with particular emphasis on weekends
-
Residents are not allowed to bring substantial pieces of furniture into the Gardens. Any picnic furniture and equipment together with any children’s toys, crockery, cutlery and other equipment must be removed from the Gardens at the end of each day (or will be removed by the Sub-Committee/Gardeners and disposed of).
All users of the Gardens shall be responsible for removing any rubbish or other item brought into the Gardens by them (rubbish bins are not provided due to the presence of foxes and rats). Smokers are requested to bring ashtrays with them and not leave cigarette butts in the garden.
Those Residents enjoying the use of the Gazebo for any purpose must ensure it is left in a clean and tidy condition. The Gazebo may not be used after dark for gatherings (see Rule on hours when the Garden must be vacated).
-
No fires may be lit in the Gardens.
The use of Barbeques and other cooking equipment in the Gardens is strictly prohibited.
No dangerous equipment such as bows and arrows, catapults, hard balls or similar items shall be brought into or used in the Gardens.
Residents are responsible for the safety of themselves and their guests while using the Gardens. Special care should be taken to supervise children using the garden. The Committee maintains public liability insurance but residents should be aware that they might be held liable for damage or loss caused to their guests using the Gardens.
-
(With particular relevance to the owners of properties on Collingham Road)
No Resident shall permit any Workman to have access to the Gardens at any time other than for the following exceptions:
The Committee may permit access to Workmen on the following terms and conditions:
Consent shall be given in writing to the Resident. The Sub-Committee will not have any transactions with Managing Agents or Residents’ Tradesmen.
The Companies undertaking works to buildings adjoining the Gardens need to show, via the resident, their insurance for damages and third party liability. A non-refundable £400 administration fee must be paid.
The Workmen, or the Resident by whom they are employed, shall pay to the Committee a deposit of £3000 against loss or damage to any item within the Gardens caused by the Workman. Following completion of the works, the site will be inspected and the deposit returned if no damage has occurred.
The Workmen will not carry out any work to the Gardens itself and this clause shall only permit them to have access to a Resident’s own property.
Workmen shall not use any motorised vehicle in the Garden.
Workman shall remove any waste or other item left in the Gardens by the end of each day.
No scaffolding/building material is to be brought through the Gardens via the Gate nor passed over the Railings. These materials have to be accessed through the Resident’s property only.
Scaffolding abutting the Gardens will be deemed to require a deposit of £3000.
The owner of the property on which work is being carried out shall be responsible for any loss or damage caused by his or her Workmen.
-
Those using the Gardens must not interfere with the work of the Gardeners and should do their best to cooperate with any request made by them.
Garden users must comply with any notice displayed in the Gardens by the Garden Sub-Committee or Garden Associates, temporarily restricting their access or actions, in the interest of the proper management and care of the Garden.
Nothing in these Byelaws prohibits anything done with the written authority of the Garden Sub-Committee or in accordance with any conditions imposed.
-
Non-resident groups are not permitted in the garden without the express permission of the Garden Sub-Committee. This includes builders, children’s nannies, film crews, professional photographers etc. The Committee has set out procedures that must be followed in all cases.
-
Film Crews and Photographers require written consent from the Garden Sub-Committee prior to filming or photographing in the Gardens.
Please contact us via our website to gain consent and be given a quote. Fees will depend on the hours/days of filming.
-
No dogs are allowed in the Gardens (with the exception of guide dogs).
Liability
Residents use the Gardens at their own risk. The Sub-Committee & Board of Trustees can accept no responsibility or liability for any accident of any kind, or for any damage to, or loss of, property occurring while in the Gardens. Residents should report any potential hazards to the garden committee immediately.
Note: Courtfield Gardens West is administered in accordance with the Kensington Improvement Act 1851 and these rules have been approved in accordance with section 4 of that Act and consequently have the status of local bylaws. Breach of the rules may be prosecuted in the criminal courts and a person convicted of an offence in breach of these rules may be required to pay a fine and will obtain a criminal record.