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.

    1466/1480 (page 1196)
    Clause 33. Effect of building line. Building lines shown on map. Fixing of building line for new street not shown on map. Fixing of building line for existing street where line not shown on map. Power to permit buildings in advance of building line. Application of P.H. (Buildings in Streets) Act, 1888. Beservation and acquisition of lands. Building Lines. Clause 33.— (1) Where a building line for any street or proposed street is shown on the map, or not being shown on the map, is fixed by the Council under the provisions of this Part of the Scheme, no building or structure, other than boundary walls or fences or temporary structures erected in connection with building operations, shall, save as hereinafter provided, be erected nearer to the street than the building line. (2) The Council may fix a building line for any new street not shown on the map when the plan for that street is submitted to them for approval. (3) In the case of an existing street for which no building line is shown on the map, the Council may fix a building line either for the street or for such part thereof as they think fit when the plan of a building which is proposed to be erected fronting on the street is submitted to them for approval : Provided that before fixing a building line in respect of land belonging to any owner other than the person submitting the building plan, the Council shall give that owner not less than 14 days’ notice of their intention to fix a building line and shall consider any objections which may be addressed by him to the Council. (4) Notwithstanding the foregoing provisions of this Clause, the Council may. if they think fit, permit—(a) the projection in front of the building line of any bay window, porch or other projecting portion of a building; (b) in the case of industrial buildings, the erection of the buildings at such distance, not being less than 10 feet from the boundary of any street, as the Council may specify; (c) the erection of groups of shops and business premises at such distance, not being less than five feet from the boundary of any street, as the Council may specify; (d) the erection in front of the building line of any building where, by reason of the levels of the site or of any adjoining land, or by reason of any other exceptional circumstances, or for purposes of architectural effect, such permission is in the opinion of the Council advisable; (e) the erection in front of the building line of a lodge or other building to be used in connection with a dwelling-house, provided that the lodge or building shall not exceed twTo storeys in height and shall not be nearer than ten feet to the boundary of the street. Before giving permission under paragraph (b), (c) or (d) of this sub-clause, the Council shall, at the expense of the applicant, give notice in writing of the proposal to the owners of the adjoining land and to all other persons who, in the opinion of the Council, may be affected by the giving or withholding of such permission, and shall consider all objections which may be addressed to them in waiting by any such person within a period, not being less than 14 days, to be specified in the notice. (5) For the purposes of this Clause the erection of a building includes, in addition to the operations referred to in Clause 17, the making of any addition to an existing building. (6) Any owner who feels aggrieved by a decision of the Council fixing a building line in respect of his land [in pursuance of sub-clauses (2) and (3) of this Clause x] may [apply to the Minister for leave to appeal to him.1®] Clause 34.—(1) In any street in which a building line is in operation under this Scheme a person shall not be precluded by section 3 of the Public Health (Buildings in Streets) Act, 1888,2 from erecting or bringing forward any house or building to which the building line applies beyond the front main wall of the house or building on either side thereof. (2) Nothing in this Clause shall authorise the erection or bringing forward of any house or building beyond the building line shown on the map or fixed by the Council under the provisions of this Part of the Scheme. PART IV. RESERVATION OF LANDS. Clause 35.— (1) The uses for which the lands specified in column 1 of the follow¬ ing Table are reserved are indicated in column 2 of the Table. The lands specified in the Table may, until acquired by the Council or in the case of lands reserved for use as private open spaces until such date as the Council in each case fix, continue to be used as they are used at the date of approval of this Scheme or (1) Minor amendment by Supplement No. 1, (la) See footnote (3), post, p. 1199 D. 1924. (2) Ante, p. 366.