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.

    1470/1480 (page 1200)
    Clause 42. Modifications in detail of scheme. Retrospective effect of scheme. Effect of scheme upon orders under Act of 1919, s. 45. Fulfilment of conditions. Disposal of lands. (5) An order made by the Council under this Clause shall be liable to stamp duty as an instrument effecting an exchange, and shall have the like effect as an Order of Exchange of lands duly made by the Minister of Agriculture and Fisheries under sect. 147 of the Inclosure Act, 1845.1 (6) Nothing in this Clause shall enable the Council to make (a) an order affecting any land to which sect. 45 of the Act of 1909 2 applies, or (b) an order the terms of which provide for the payment by way of equality of exchange of a sum exceeding one-eighth of the value of the less valuable piece of land. (7) For the purpose of securing an adjustment of the boundaries of estates as aforesaid, the Council may themselves purchase, subject to the provisions of sect. 60 of the Act of 1909,3 any land, and may for that purpose sell or lease the land so purchased in whole or in part. Clause 43.—(1) The Council shall have power from time to time by order to make any minor modification in the site of any proposed street coloured pink on the map (and any consequential modification of a building line) or in the boundary of any zone or of any area reserved for any purpose under Part IY of this Scheme, but before making any such order they shall give not less than 14 days’ notice of their intention by advertisement in a local newspaper circulating in the area and shall serve a similar notice upon any [owners of the land affected and any other persons whom the order wfill in their opinion specially concern.30] (2) Any person who feels aggrieved by an order proposed to be made under this Clause may [apply to the Minister for leave to appeal to him,4] and if an appeal is lodged the order shall not take effect pending the decision of the Minister. (3) A copy of any order made by the Council under this Clause shall be furnished to the Minister as soon as practicable. Clause 44. The provisions of this Scheme (other than the provisions of Clause 19 requiring dwelling-houses and residential buildings to be erected on land units) shall apply to all buildings whose erection is commenced after . . .5 [and to any other work done by any person other than the Council after that date 3°] as if that date had been the date of approval of this Scheme. Clause 45. Where in pursuance of any special or general order made by the Minister under sect. 45 of the Act of 1919,6 the development of any estate or any building operation has been permitted to proceed, no building, street or other work whose erection, lay out or construction is commenced before the date of approval of this Scheme in pursuance of such permission and in accordance with any requirements made as a condition of granting such permission shall be deemed to contravene the provisions of this Scheme. Clause 46.— (1) Where permission for the erection, laying out or construction of any street or building, or in respect of any other matter is given subject to conditions imposed by the Council [or the Minister 3°] under any provision of this Scheme, the conditions shall have effect as if they were provisions of this Scheme : Provided that [any such condition may be waived or modified with the consent of the owner of the land to which it relates in the manner, and in accordance with the requirements as to advertisement, notices, consideration of objections, and otherwise, applicable to the imposition of the condition under the Scheme.30] (2) The Council shall keep, so as to be available for inspection at all reasonable times by any person interested, a register of any conditions imposed by them under any provision of this Scheme Clause 47.— (1) The Council may, with the consent of the Minister, sell or lease or exchange any land acquired by them for any purpose of this Scheme which is not required for that purpose, or may appropriate any such land to some other purpose approved by the Minister. (2) The Council may, with the consent of the Minister, lease any land wdiich has been acquired by them for any purpose of this Scheme, but is temporarily not required for that purpose or may apply any such land to any purpose approved by the Minister. (3) The appropriation or temporary application of land by the Council under this Clause shall be subject to any special covenants or agreements affecting the use of the land in their hands. (D 8 & 9 Viet. c. 118, s. 147. (2) Ante, p. 1114. (3) Ante, p. 1120. No. 1. 1924. (4) See footnote (3), post, p. 1199 d. (5) See footnote (6), ante, p. 1186.