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ELIGIBILITY CRITERIA

Access to the Garden is regulated by the Kensington Improvement Act 1851 and the Open Spaces Act 1906 as implemented by the Garden Subcommittee.

Two groups of residents of Earls Court Square may currently apply for key fob access to the garden. Check below to see if you are eligible for Garden access before completing the application form. Ineligible applications will not be accepted.

1. GARDEN CHARGE-PAYERS have a legal right to garden access under the Kensington Improvement Act 1851. These are all owners and long-term tenants who pay the Garden Charge with their Council Tax in the properties fronting the garden enclosure, i.e. the following addresses:
     • odd numbers 17-31 and 51-69 Earl’s Court Square
     • even numbers 12-26 and 30-52 Earl’s Court Square
     • Herbert Court Mansions
     • Matière Place (33 & 33A Earl’s Court Square and Flats Number 12, 21, 25 & 31 at 35-37 Earl’s Court Square)
     • 10 Farnell Mews

2024 FEES

Garden Charge-payers:
£60 initial non-refundable administration fee only.
The annual precept is collected by RBKC within the council tax, itemised on the bill as the garden charge.

New Garden Subscribers:
• The fee for the first year is currently £285 made up of the annual fee of £225 p.a. plus administration fee of £60. The key fobs run annually from April 1st to March 31st.
• For those applying after October 1st, half fees will be charged i.e. £112.50, plus an administration fee of £60 giving a total of £172.50.

Garden Subscriber Renewals:
• The fee for 1st April 2024 to 31st March 2025 is £225.
Annual Subscription fees are set at the AGM in January and published in February every year.

Garden Subscriber Waiting List:
• There is no fee to join the waiting list.

Replacement key fobs:
• For Lost and Broken Fobs - A non-refundable key fob replacement fee of £60.00 is payable for both Garden Charge-payers and Garden Subscribers and is intended to cover the cost of deactivating the old key fob and obtaining and activating a new key fob.
• Non-functioning key fobs will be replaced for a fee of £30.00. The non-functioning key fob must be returned after submitting the application form and paying the fee. In the event the fob can be rebooted the £30 fee will be refunded.

GARDEN CHARGE-PAYERS

Garden Charge Payer - New Key Fob Application:
After checking you live at an eligible address and are named on the council tax at that address, please proceed to the Online Application Form section below.

GARDEN CHARGE-PAYERS

Garden Charge Payer - Eligibility Check for existing key fob holders:
Periodically it is necessary for the Subcommittee to undertake an audit of key holders in order to confirm continued eligibility for garden access.

Garden Charge-payers can complete their eligibility check for the 2024 KEY AUDIT online NOW (recommended), or in person:

SUBSCRIBER - RENEWALS

• There is no automatic right to renew a subscription. Currently the Garden Committee encourages renewals.
• Existing subscribers will be sent an email invitation in March each year to renew their subscription by 31st March. (Renewals cannot be processed prior to RBKC issuing the new council tax bill in March.)
• Subscribers should whitelist keys@ecsgarden.org.uk to avoid our communications going to spam.
• Subscribers who miss the renewal invitation email can return to this page to find the latest subscription fees and a link to the application form.
• We recommend Subscribers set a calendar reminder for the annual renewal application as reminder emails will not be sent and it is the Subscriber's responsibility to renew their subscription on time and not rely on the Garden Subcommittee chasing them.
• Failure to renew by 31st March will cancel subscriber status and lead to immediate key fob de-activation.
• As of 2024 we require renewals to confirm their continued eligibility at each renewal by re-submitting their photo ID and new council tax bill for the next financial year using the online application form below. For example, those renewing in March 2025 for the subscription period April 2025-March 2026 would need to submit their council tax bill for the period April 2025 to March 2026.

• All Subscribers undertake to inform the Garden Subcommittee promptly if they are no longer resident in Earls Court Square by emailing keys@ecsgarden.org.uk for instructions on how to return their key fob.
• Subscriptions are not registered to the property or the owner, but to the individual who is named on the Council Tax bill. Subscriptions are not transferrable and key fobs may not be copied, passed on or loaned out.
• Subscribers who ignore the garden bye-laws may have their subscription terminated with immediate effect.
• The Garden Committee does not offer refunds, pro rata or otherwise.
• Should a lapsed subscriber later wish to reactive their subscription they should use the online application form to apply as a new subscriber and join the Waiting List.

SUBSCRIBER - NEW APPLICATIONS / WAITING LIST

• An eligible resident of Earls Court Square who wishes to be considered for issue of a key if and when available may request their name is added to the Waiting List by completing the online form and selecting the 'new subscriber' option.
• There is no fee to join the Waiting List.
• Applicants will be placed on the List at the date their application is made via the online application form, below.
• Applicants must fulfil the criteria for issue of a key at the date of the application with a copy of their current council tax bill which must show their name at an eligible address as well as their photo ID.
• Applicants must continuously fulfil the eligibility criteria while on the waiting list.
• The Garden Subcommittee may request evidence confirming compliance with the criteria periodically in order for applicants to remain on the waiting list.
• The Subcommittee reserves the right to request additional information and/or perform background checks on applicants should a vetting process be implemented in future.
• Any applicant on the Waiting List undertakes to inform the Garden Subcommittee promptly if they are no longer resident in Earls Court Square or no longer wish to obtain a key by emailing keys@ecsgarden.org.uk.
• The Subcommittee does not guarantee that the Waiting List will be maintained indefinitely and may discontinue it at any time at its sole discretion.
• If a key becomes available, the person at the top of the list will be offered it and have 14 days to accept, complete the application form again, upload up-to-date documentation and effect the required payment, at the expiry of which the key will automatically be offered to the next person on the Waiting List and the original applicant struck off the Waiting List.
• Applicants who are offered a subscription must agree to abide by the garden bye-laws as part of the application process. Subscribers who ignore the garden bye-laws may have their subscription terminated with immediate effect.
• The Garden Committee does not offer refunds pro rata or otherwise.

REPLACE A LOST OR DAMAGED KEY FOB

If you lose or damage your key fob, or it stops working, complete the online application form and follow the instructions. You will need to confirm your eligibility for a key again with your current council tax bill and photo ID.

• For Lost and Broken Fobs - A non-refundable key fob replacement fee of £60.00 is payable for both Garden Charge-payers and Garden Subscribers and is intended to cover the cost of deactivating the old key fob and obtaining and activating a new key fob.
• Non-functioning key fobs will be replaced for a fee of £30.00. The non-functioning key fob must be returned after submitting the application form and paying the fee. In the event the fob can be rebooted the £30 fee will be refunded.

You will be notified when you can collect your replacement key fob.

ONLINE APPLICATION FORM

The online application form should be used for ALL types of key fob applications:
• Garden charge-payer - applying for first key fob
• Garden charge-payer - key audit / eligibility check
• Subscriber - new subscriber waiting list applications
• Subscriber - annual renewal applications
• Existing key fob holder - applying for a replacement for a lost or damaged key fob.

Please follow the instructions on the Googleform. You will need to sign in to your Google account.

All applicants will be required to supply current eligibility documents:

     • Photo ID - driving license or passport. (Applicants are encouraged to strike out passport numbers, DOB and other sensitive data from their photo ID provided their name and photo is readable.)

     • Current council tax bill showing the applicants name at an eligible address. (Out of date council tax bills will not be accepted.)

PAYMENTS

If the applicant is required to pay an immediate fee, the application form will confirm the cost and payment information (which will also be available in the copy of your application which Google sends automatically after submission of the form).

For those applying to join the subscriber waiting list, no fee will be payable until the applicant is offered a subscription, at which point the applicant will be required to re-confirm their eligibility before we send payment instructions separately by email.

OBTAINING THE KEY FOB

Upon acceptance of of the completed application, Council Tax Statement, proof of identity and fee, applicants will be contacted to arrange collection of a key fob.

Those applying for new garden subscriptions will be added to the waiting list and only contacted when a key fob becomes available.

USING THE KEY FOB

Access to the two gates of the Garden is provided by electronic key fob.

USING THE GATES

The NORTH GATE IS NOW FULLY AUTOMATED. When activated by a keyfob on the re-positioned keyfob pads (on the gate post on entering and on the new control cabinet on leaving) the gate automatically opens, stays open for 15 seconds, then closes. The opening and closing is at a stately pace, please be patient and allow it to open and close by itself. To avoid breaking the gate mechanism PLEASE DO NOT PUSH OR PULL THE NORTH GATE.

The SOUTH GATE does not benefit from an automated opening. After activation by a keyfob please manually open the south gate. The gate will automatically close on it's own.