Town and country planning : model clauses for use in the preparation of schemes (with notes).
- Date:
- 1935
Licence: Public Domain Mark
Credit: Town and country planning : model clauses for use in the preparation of schemes (with notes). Source: Wellcome Collection.
107/118 page 107
![APPENDIX Il. PART I. Alternative and Supplementary Clauses. Permissions and Conditions). 4,—(1) The County Council shall be the authority responsible for enforcing and carrying into effect the provisions of the Scheme in relation to— (a) roads chargeable to the county and building lines thereon; (b) the site and levels of the approaches of a new street not chargeable to the county to a road chargeable thereto ; (c) the imposition under Clause 24 of restrictions in regard to the height and position of proposed fences or other obstructions to view at the junction of a road or proposed road with a road chargeable to the county. (2) The powers and duties of the County Council in relation to roads chargeable to the county in the following Clauses, namely— Clause 16 (Construction of streets by owners) ; Clause 17 (Communicating streets) ; shall be deemed to have been delegated by the County Council to the Borough [District] Council subject to such conditions as have been agreed between the two Councils or to such other conditions as may from time to time be agreed between them or in default of agreement as the Minister may on the application of either Council determine. (3) The Borough [District] Council in discharging the powers and duties delegated to them under this Clause shall act as agents for the County Council, and a person entering into any transaction with the Borough [District] Council in relation to any of those powers or duties shall not be bound to enquire whether the Borough [District] Council have authority to enter into the transaction on behalf of the County Council. (4) Save as aforesaid the Borough [District] Council shall be the authority responsible for enforcing and carrying into effect the pro- visions of the Scheme subject to the following restrictions— (a) With a view to facilitating development or the negotiation of a claim for compensation or betterment the County Council may join with the Borough [District] Council in entering into an agree- ment with any person with regard to matters in respect of which the Borough [District] Council are the Responsible Authority, and if the agreement contains any provision relating to the exercise by the Borough [District] Council of their powers under Clauses 16, 17 or 20 and it appears to the County Council that the manner in which those powers are exercised is likely to affect the rights or liabilities of the County Council in connection with a claim for compensation or betterment, the Borough [District] Council shal] not refuse unreasonably to join in the agreement. (b) Any question whether or not the Borough [District] Council hhave unreasonably refused to join in an agreement shall be decided by the Minister, and if the Minister decides that the refusal was unreasonable the agreement shall, as soon as it is executed by the County Council, become binding upon the Borough [District] Council as though they had been joined as a party thereto. (5) The provisions of Section 33 of the Local Government Act, 1929, relating to the repayment by County Councils to District Councils of the expenses of the improvement of roads the maintenance and improvement of which have been claimed by District Councils under that Act shall extend to expenses incurred by the Borough [District] Council under this Scheme or the Act in respect of the widening of, and the fixing of building lines on, any road the maintenance and improvement of which have been so claimed. ‘ (6) The expression ‘‘ road chargeable to the county’ means— (a) any road for the time being vested in the County Council under the Local Government Act, 1929, or any enactment amending that Act; and (6) any street or proposed street on land reserved for streets and numbered on the Map. 72. The Borough [District] Council shall keep, so as to be available for inspection at all reasonable times by any person interested, a register of approvals, consents, authorities or permissions granted by any Council who are a Responsible Authority under this Scheme or on appeal from their decision under any provision of this Scheme, and Authorities: Register of permissions and conditions.](https://iiif.wellcomecollection.org/image/b3217178x_0107.jp2/full/800%2C/0/default.jpg)
