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Clause 3. A protected square shall not be used otherwise than for an
ornamental garden, pleasure ground, or ground for play, rest or recreation, and
no building or other structure or erection shall be erected therein except such as
may be necessary or convenient for or in connection with the use and maintenance
of such square for the above-mentioned purposes.
(Note.—The Squares to be protected by the Bill are set out in two Schedules.
In the first schedule are contained the Squares in respect of which restrictions
against building already exist, and in the second schedule those which are free
from such restrictions.)
The sub-soil must not be interfered with so as to interfere with the enjoyment
of maintenance of the Square, except with the written consent of the County
Council who may not permit any permanent interference with the enjoyment
of the square.
The Bill does not propose to prevent the use of a protected square as an allotment
or nursery garden if it is so used before the commencement of the Act, or
the taking of a part of the square for the purpose of a street improvement, and
where the square is so reduced as to be of little or no public advantage, the County
Council may by Order, declare that the provisions of the Act shall cease to apply
thereto.
Clause 4.—The County Council is to be empowered to allow an owner to
give adjoining land in exchange for a protected square, if they are satisfied that
it is a sufficient substitute, and a right of appeal to the Minister of Health is given
to the owner.
Clause 5.—The County Council will have to pay compensation to owners of
those squares which are free from statutory restriction and subject to private
rights of use (these are set out in Part II of the Schedule to the Bill) if their estate,
rights or interests are injuriously affected by the restrictions imposed by the Bill.
No compensation will be payable in respect of the squares on which restrictions
against buildings already exist.
Owners are given twelve months in which to object to the restrictions of the
Act in regard to enclosures in Part II of the Schedule, and to give notice of their
intention to claim compensation.
This Clause also sets out the procedure to be adopted in regard to claims for
compensation, which are to be determined by arbitration in the absence of
agreement.
If the County Council gives notice to an owner that they decline to pay compensation
in respect of a square, the provisions of the Act as from the date of the
notice will cease to apply to that square.
No compensation will be payable in respect of anything done or any contract
made in regard to any protected square after the date of the Report of the Royal
Commission (September 11th, 1928) if in the opinion of the Arbitrator it was not
reasonably necessary and was done or made with a view to obtaining or increasing
compensation.
Clauses 6 and 7 make provision for the application of money paid as compensation
to trustees, mortgagees, etc.
Clause 8 provides that the Corporation of the City of London and the
Metropolitan Borough Councils may contribute to any expenditure incurred by
the County Council under the Act in respect of any square within their respective
areas and they may raise loans on the security of the rates for this purpose. The
loan period is 60 years.
Clause 9.—The County Council and the owner or other person interested
in a protected square may make agreements with reference to the payment of
compensation or for a reduction being made in the compensation in consideration
of any or all of the provisions of the Act ceasing to apply to a part of any square.
The main recommendations of the Royal Commission to which effect is not
given by the Bill, are as follow:—