Volume 1

Glen's law of public health and local government / [William Cunningham Glen].

  • W. Cunningham Glen
Date:
1925
Catalogue details

Licence: Public Domain Mark

Credit: Glen's law of public health and local government / [William Cunningham Glen]. Source: Wellcome Collection.

    1456/1480 (page 1186)
    Clause 6. W idenings chargeable upon frontagers. referred to as land reserved for streets 4 5] and the execution of incidental works upon adjoining land. (2) —(a) The Council may declare any land coloured pink on the map to be a street, after giving not less than three months’ notice of their intention so to do to the persons interested in the land. The land so declared shall thereupon, in the case of land numbered on the map, be deemed to be a highway repairable by the inhabitants at large and, in the case of any other land, be deemed to be a private street and to have been dedicated to the public, and the Council may enter upon such highway or private street and execute any street works accordingly. (b) The Council may, after giving not less than three months’ notice to the persons interested in any land which adjoins any of the land [reserved for streets 5] and is required for the purpose of executing any incidental works, enter upon such land and execute such works. (c) So far as may be necessary for the purpose of executing street works the Council may demolish or alter any buildings or other works on the aforesaid lands. (d) Nothing in this sub-clause shall be deemed to empower the Council to enter otherwise than by agreement upon any land which under sect. 45 of the Act of 1909 as applied by sect. 60 of that Act they are prevented from acquiring com¬ pulsorily or to enter whether by agreement or otherwise upon any land the acquisition of which is prohibited under those sections.4 (3) Where any land coloured pink on the map becomes, by declaration under this clause, a private street, the Council may declare any adjoining land belonging to them and required for the purpose of executing incidental works to be, and the same shall thereupon be deemed to be, a part of the private street. (4) —(a) The Council shall have the same responsibility for maintaining any works executed by them upon or in connection with any private street, declared to be a street under this Clause or [for which 5] under Clause 10 [they make 5] a specification involving any greater cost than the cost of constructing on the site thereof a byelaw street [otherwise than by agreement with the owner 5] as they would have if the street were a highway repairable by the inhabitants at large. (b) The Council may at any time, after giving reasonable notice to the owner, enter upon land forming the site of any incidental wTorks for the purpose of maintaining such works. [(5) If it appears to the Council at any time that a new street or the widening of an existing highway is needed on any land not reserved for streets on the Map, they may make an order with the approval of the Minister, in accordance with the provisions of Clause [56a] declaring that the land shall be reserved for streets, and the land shall thereafter be subject to such of the provisions of this Part of the Scheme as are applicable to land reserved for streets by the Scheme.5a] Clause 7. If any of the land coloured pink on the map which abuts on, and is intended to form the site of a widening of, an existing highway is declared under Clause 6 to be a private street, then— (1) The part of the existing highway upon which the land abuts shall, as to its whole width, be deemed to be a part of the private street; (2) —(a) Where the existing highway is a highway repairable by the inhabitants at large, no part of the cost of any street works executed by the Council shall be apportioned against any land which was rated otherwise than as agricultural land on . . .6 and is so rated at the date of the apportionment of such cost, and the part of such cost which by reason of this sub-clause cannot be apportioned against such land shall be borne and paid by the Council; (4) Ante, pp. 1114, 1120. (5) Minor amendments made by Supple¬ ment No. 1, 1924. (5a) According to 1924 Supplement No. 1, “ A Town Planning Scheme should usually not contain more, so far as roads are con¬ cerned, than the principal communications. The less important connections and estate streets are better left to be determined when the time for development is at hand. The Model Clauses already contain a provision (Clause 10 (6)) to enable the local authority to declare a new street to be a through traffic street when plans are submitted by the owner. In some cases, however, building development may be proposed which would block the way for a new street which is needed for through communication or other special reason; and the Council may not have any powers to prevent this result despite the harm which it may do to local development. The following additions and amendments to the Model Clauses have been drafted to enable local authorities to overcome diffi¬ culties of this kind. Under these provisions the Council could take the initiative, subject to the approval of the Minister, in reserving additional land for streets where this is required for good local development.” The above is one. For the others, see Clause 57. (6) “ The date of the Council’s resolution to prepare the scheme or such other date as may be fixed by the Minister under s. 58 (2) of the Act of 1909,” ante, p. 1118.