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.

    1464/1480 (page 1194)
    Clause 29. Density and character. Limitation of height of buildings. SUPPLEMENTARY ZONING. Clause 29.—(1) If at any time the Council are of opinion that—(a) the buildings to be erected in any part of a character zone ought to be limited to one or more of the classes of buildings which are permitted under Clause 28 to be erected in that zone; or (b) any class or classes of buildings which, under the provisions of Clause 28 may only be erected in any zone with the consent of the Council can, consistently with the predominant use of the zone, be permitted to be erected in any part of the zone without such consent; or (c) the average number of building units permitted under Clause 21 to be erected per acre ought to be varied over the whole or any part of density zone ; the Council may make an order [with the approval of the Minister, in accordance with the provisions of Clause [56 A]1} limiting the class or classes of buildings whose erection is per¬ mitted or giving a general consent to the erection of any class or classes of buildings in such part of the zone as aforesaid or varying the average number of building units permitted to be erected per acre in density zone , as the case may be, [and may submit the order to the Minister for approval xa] : Pro¬ vided that no order shall be made which would allow the average number of building units permitted to be erected per acre in zone to be increased to more than [(2) The order may include any necessary modifications in the application of this scheme to the zone or part of a zone to which the order relates. (3) The order shall refer to a plan on the same scale as the map, defining the zone or part of a zone affected. (4) Before applying for approval of an order under this Clause, the Council shall give notice thereof by advertisement in a local newspaper circu¬ lating in the area, and shall include in the. notice a statement that a print of the order and plan will be open for inspection at a specified place or places and that any interested person desiring to make any objections or representations with respect thereto may address them in writing to the Council within a specified period, not being less than 14 days from the date of the advertisement. Notices in the same terms shall be served on the owners of the lands to which the order relates and on any other oivners in the area who may in the opinion of the Council be affected. Before approving an order under this Clause, the Minister may require similar notices to be served on any additional owners who may in his opinion be affected by the order. (5) If the Minister having regard to the nature and situation of the land affected by the order considers that the provisions of the order are reasonable, he may approve the order with or without modification, and the order so approved shall thereupon have effect as if it were incorporated in and formed part of this Scheme. (6) An order under this Clause shall be in duplicate, one part to be deposited with this Scheme at the office of the Clerk to the Council and the other at the Ministry of HealthAa] A copy of the order shall be served by the Council on any owner on whom a notice has previously been served under this Clause, and notice of the approval of the order shall also be given by advertisement in a local newspaper circulating in the area, stating that a copy of the order, as approved by the Minister, may be inspected at a specified place or places. Height of Buildings. Clause 30.— (1) No building (not being an industrial building erected in character Zones II and III) 2 shall be so erected or altered that :—(a) the highest point of the building, measured from the mean level of the ground immediately sur¬ rounding the building, exceeds 70 feet 2a in height; (b) any part of the building projects above any line drawn from the centre of the street in front of the building at an angle of 56° (or if the street is of any one of the types described in the First Schedule to this Scheme, 45°) 3 with the horizontal : Provided that—(i) For the purpose of the foregoing provisions account shall be taken of parapets but not of chimneys, ornamental towers, turrets or any other such architectural features; (ii) In the case of a building erected at the corner of two or more intersecting streets the height of the building shall be determined by reference to the wider or widest street; (iii) In the case of a place (1) These words to be added where (2a) “ This figure should not be regarded Clause 56 A, post, is used—1924 Supp. No. 1. as invariable.” . ^ (la) These words to be omitted in that (3) “ Streets involving relaxation of the case, ibid. byelaws and intended for residential use (2) “ Industrial zones.” only.”