On Monday (June 26) 200+ people protested outside the site after the gates were locked by the gardeners to comply with a court possession order. This was done to keep a community activist from coughing up £7,000 in costs.

A day later the garden had been re-occupied and opened up. It is currently open having been cleaned up and watered. Main contractors Gilbert-Ash are expected on Thursday July 1 with sub-contractors Terrins scheduled to clear the site and put up hoardings on either Friday or Monday.

Meanwhile a legal and planning battle continues over lack of consultation and flawed planning process involving Brighton Council, main developers Alburn Minos Ltd and Tesco.

Since May 2009, when guerilla gardeners took over a derelict Esso garage, the Lewes Road Community Garden has provided a meeting space and green haven along the busy, traffic-clogged Lewes Road. It has been enjoyed by thousands of people, providing a venue for community events and bringing together local residents many of whom don’t have gardens themselves. There is a food waste compost scheme, vegetable growing and Fairlight school-kids have their own 'pot up a plant' project.