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.

    1458/1480 (page 1188)
    Clause 10. Notice of commencemen t and completion of streets. Submission of schemes of development of estates. Grass margins, &c. to be highways repairable by the inhabitants at large shall apply to the part of the street which is allowed to be constructed in advance of the remainder; but the Council may subsequently proceed under the Act, as modified by this Scheme, as regards the remainder of the street as though it wTere a new street. (8) The Council may, if they think fit, contribute towards the cost of constructing a street approved under this Clause. (9) Where any new street approved under this Clause is likely, in the opinion of the Council, to be required for through traffic, the Council may at any time declare that the site of the street, if not already reserved for streets, shall be so reserved. Where the Council take this course they shall forthwith notify the persons interested in the land of the declaration, 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. (10) —(a) Any person who desires to construct a new street and feels aggrieved by any neglect or refusal of the Council to give any approval under this Clause or by any modifications made by them, and (b) any person notified under sub¬ clause (9) of this Clause who feels aggrieved by any declaration of the Council thereunder, may apply to the Minister for leave to appeal to him. In determining appeals under this Clause the Minister shall have the same power of approval, with or without modification, and of disapproval, and of granting permission, as the Council under this Clause.9] [Clause 10 (a).— (1) Any person who proposes to lay out or to construct a street shall, before commencing to do so, give notice to the Council of the date on which he proposes to commence the work. If this notice is not given and the duly authorised officer of the Council, on inspecting any work in connection with the street, finds that the work is so far advanced that he cannot ascertain whether anything has been done or omitted contrary to the provisions of this Scheme or to the conditions upon which approval of the street has been granted, the officer may give notice, within a reasonable time after inspection, to such person requiring him, within a reasonable time to be specified in the notice, to remove, lay open, or pull down so much of the work as prevents the officer from ascertaining whether anything has been done or omitted as aforesaid. If the said person fails or refuses to comply with the requisition, the Council may themselves remove, lay open, or pull down so much of the wrork as aforesaid and may recover from him the expenses incurred by them. (2) Every person who has laid out or constructed a street shall give notice thereof to the Council within a reasonable time after the completion of the lay out or construction.10] Clause 11.— (1) Whenever a plan for a new street is submitted to the Council for approval, they shall by written notice request the owner of any land within that part of the area, the development of which will, in their opinion, be affected by the construction of the street to furnish them with plans and particulars showing generally a scheme for the development or laying out of the land. (2)‘Before approving the plan for the new street the Council shall take into consideration any plans and particulars which are furnished to them by any such owner within a reasonable time to be specified in the notice, being not less than one month from the date of the notice. Clause 12. [Relaxation of byelawsA1] Clause 13.— (1) The Council may lay out as a garden any part of a street repairable by the inhabitants at large or may plant any part of such street with grass, trees or shrubs and erect guards therefor and may maintain, alter or renew the part of the street so laid out or planted. (2) The Council may from time to time rearrange the carriage-way, footway and other parts of the street. (3) Where the Council execute street works upon any street declared under Clause 6 of this Part of the Scheme, the Council shall plant writh grass, trees or shrubs, or treat in other suitable manner any part of the street not constructed as carriage-way or footway, shall provide convenient access from the carriage-ways and footways to any premises abutting on the street, and shall execute any works necessary for fencing off the street from the adjoining lands or for replacing any fences removed. (9) See footnote (3), ante, p. 1184. (10) “ This Clause is new—it is numbered 10 (A) for reference, but in the Scheme all consecutively.” As to reason for its addi¬ tion, see footnote (3), ante, p. 1184. (11) To be “ omitted ”—see footnote (3),