Town and country planning : model clauses for use in the preparation of schemes (with notes).

Date:
1935
Catalogue details

Licence: Public Domain Mark

Credit: Town and country planning : model clauses for use in the preparation of schemes (with notes). Source: Wellcome Collection.

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    particulars are set out in the Fifth Schedule to this Scheme, the per- missions of which particulars are set out in the Sixth Schedule to this Scheme, and any consents given by statutory undertakers under Sec- tion 41 of the Act. (2) A certified copy of the Map so far as it relates to the part of the Area within the district of any Council who are a Responsible Authority under this Scheme shall be furnished to that Council by the Council, and each of those Councils shall cause the copy of the Map so furnished to them and a copy of the Scheme to be deposited at their offices, and shall permit any person to inspect such copies at any reasonable time, PART Il. 1. Amendments to be made where it is decided to include special provisions as to underground working of minerals. Clause 2. Add (after the definition of ‘the Act ’’)— “Railways Clauses Act”? means the Railways Clauses Consoli- dation Act, 1845, as originally enacted. Clause 6 (6). Add— “or any excavation made in connection with the winning of minerals by underground working.” Clause 6a. Add new Clause as follows— 6a. With respect to minerals lying under or near any land reserved for streets by Clause 5 of the Scheme, or under any street constructed on land so reserved, Sections 78 to 85 of the Railway Clauses Act are incorporated in this Scheme with the following modifications :— (i) The said Sections shall be construed as if the expression ‘“The Company ” referred to the Council, the expression “ rail- way’ referred to land reserved for streets by the Scheme or a street constructed on land so reserved, the expression ‘‘ the special Act” referred to this Scheme, and the word “ prescribed ” meant prescribed by the Scheme. (ii) The Council, by or with any notice under the said Sections of willingness to treat for or make compensation or of intention to prevent or interfere with the working of any mines, may specify and define the nature and extent of the support which they require to be left. (iii) Any reference to compensation or the payment of the amount of losses or expenses, or to the assessment of compensation or the amount of losses or expenses, in the said Sections shall be read as a reference to compensation or to the assessment of compensa- tion as provided for in the Act and in this Scheme. Nothing in this Clause shall apply to the winning of minerals by surface working. Clause 73. Add new Sub-clauses (2) and (3) as follows— (2) Where the claim arises under Section 78 of the Railway Clauses Acts as applied by Clause 6a of this Scheme, the claim may be made within twelve months from the date of the expiration of the thirty days’ notice to be given by the owner, lessee or occupier of the mines or minerals as provided by the said Section. (3) Where the claim arises under Section 81 or Section 82 of the Rail- way Clauses Act, as applied by Clause 6a of this Scheme, the claim shall be made within twelve months from the date on which the expense, loss or damage referred to in those Sections was incurred or suffered. 2. Amendments to be made in Clause 4 (or Alternative Clause 4) where it applies to a rural district. (i) Clause 4 (2) (or Alternative Clause 4 (1)). Substitute— The County Council shall be the authority responsible for enforcing and carrying into effect the provisions of the Scheme in relation to— (a) roads and building lines thereon ; (b) the imposition under Clause 24 of restrictions in regard to the height and position of proposed fences or other obstructions to view. (ii) Sub-clauses (5) and (6). Omit. 3. Amendments to be made in Clause 16 where appeals in regard to plans and sections of a street are to lie to the Minister. (i) Sub-clause (6). Omit ‘An applicant . . . may appeal’’. (ii) Sub-clause (8). Substitute ‘““as may represent the excess cost” for ‘(as they ... excess cost”. L 28951 * Special provisions as to under- ‘ ground minerals.
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