Artist’s view of how ‘Skate West End’ Hanover Square’ could look

• THE London Squares Preservation Act of 1931 restricts the use of protected squares to ornamental garden, pleasure ground or for rest or recreation.

It further prohibits the erection of any building or other structure except as necessary for those purposes.

Despite this legislation Westminster City Council have consented to many possible breaches in Berkeley Square and recently in Hanover Square with the consent given for an ice rink, (Festive ice rink bid wins the day, October 20).

The 1931 act laid down that the London County Council was the body entrusted with ensuring compliance. I understand that this responsibility has passed to WCC.

So we have a delicate situation where WCC appears to be both the planning authority and the body entrusted to ensure compliance with the act. In those circumstances one would expect WCC to proceed very circumspectly.

Indeed you would have thought that having an external legal opinion was a prerequisite but at the recent hearing it was not clear whether such an opinion had been sought or not.

WCC seemed to be relying on precedent and the fact that the use was only temporary with a condition of restoring any damage caused. I for one am not convinced. The act makes no reference to temporary use.

Another matter raised but not clarified at the hearing was whether, and if so to what extent, WCC received any remuneration for allowing the use of the squares for these purposes. This also requires clarification at the next hearing.

If WCC does receive payment by way of rent or similar from those to whom they have given approval to run events in the squares that would create a potentially very messy situation. WCC is attempting to ride too many horses at the same time here.

My reading of the act is that any commercial activity in a protected public space is a no-no. I have seen a legal opinion to that effect. If WCC wants to contend otherwise it should at least get an external opinion.

MIKE DUNN
Mayfair Residents’ Group