The Municipal and Sanitary Engineer's HandbookBoulnois, H. Percy (Henry Percy)
Science
The Municipal and Sanitary Engineer's Handbook
Boulnois, H. Percy (Henry Percy)
Municipal engineering; Sanitary engineering
This clause gives an excellent power to the sanitary authority,
especially in older towns, to lay down improved building lines upon the
plan of their town, and thus set back the line of buildings as
opportunity offers.
In assessing the value of compensation to be paid to the owner for
setting back his property, the following points should be considered:
(1.) The value of the area of the land given up to the public.
(2.) The loss of available and useful space to the premises.
(3.) If any use is made by the owner of the land given up to the public
by constructing cellars underneath, the amount of compensation should be
less.
(4.) The amount the owner will have to expend to make good the sides of
the neighbouring premises thus exposed by his setting back must be
considered.
A surveyor should be very careful to recollect if any building line has
been laid down in any street when the plans of new buildings are
deposited with him for approval. If these plans are approved without any
notice being given to the owner to set back, it is questionable whether
he can afterwards be called upon to do so.[132]
(2.) _Removing Projections of Buildings._--The Towns Improvement Clauses
Act 1847 made provision for setting back any house or building, or any
part which projected beyond the regular line of street when taken down,
on payment of compensation,[133] and this and the following sections
were incorporated in the general Public Health Act 1875.[134]
“The commissioners may give notice to the occupier[135] of any house or
building to remove or alter any porch, shed, projecting window, step,
cellar, cellar-door, or window, sign, sign-post, sign-iron, show-board,
window shutter, wall, gate, or fence, or any other obstruction or
projection erected or placed after the passing of the special Act,
against or in front of any house or building within the limits of the
special Act, and which is an obstruction to the safe and convenient
passage along any street, and such occupier shall within fourteen days
after the service of such notice upon him, remove such obstruction or
alter the same in such manner as shall have been directed by the
commissioners, and in default thereof shall be liable to a penalty not
exceeding forty shillings; and the commissioners in such case may remove
such obstruction or projection, and the expense of such removal shall be
paid by the occupier so making default, and shall be recoverable as
damages; provided always, that except in the case in which such
obstructions or projections were made or put up by the occupier, such
occupier shall be entitled to deduct the expense of removing the same
from the rent payable by him to the owner of the house or building.”
The wall of a garden in front of a house, and shrubs in the garden,
which encroach on the street, come within the words “any other
obstruction” in this section.[136]
Public-domain text, read in full here on John Shaqi.
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