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
It is doubtful, however, if trade signs projecting at such a height as
not to be “an obstruction to the safe and convenient passage along any
street” can be removed under this section, however unsightly they may
be, nor does it appear that flag poles or flags can be ordered to be
removed when at such a height as to cause no obstruction.
The following clause, however, of the Public Health Act 1875 affects the
question of new projections much more closely.
“It shall not be lawful in any urban district, without the written
consent of the urban authority, to bring forward any house or building
forming part of any street or any part thereof, beyond the front wall of
the house or building on either side thereof, nor to build any addition
thereto beyond the front of the house or building on either side of the
same. Any person offending against this enactment shall be liable to a
penalty not exceeding 40_s._ for every day during which the offence is
continued after written notice in this behalf from the urban authority”
(38 & 39 Vic. c. 55, s. 156).
Here some difficulty is frequently experienced as to the question if the
building has really been brought beyond the common line of neighbouring
buildings, especially where the houses are detached; but it is
apparently left to the tribunal before whom the case is heard to decide
this point, and the surveyor can only give his evidence, as in many
other cases, to the best of his ability and knowledge, and trust to
obtaining a verdict in his favour.
With regard to obstructions erected before the passing of the special
Act, the commissioners may cause the same to be removed or altered as
they think fit--
“Provided that they give notice of such intended removal or alteration
to the occupier[137] of the house or building against or in front of
which such alteration or removal is begun; and if such obstructions or
projections shall have been lawfully made, they shall make reasonable
compensation to every person who suffers damage by such removal or
alteration.”[138]
Here the words “_reasonable_ compensation” are difficult of construction
and lead frequently to long litigation.
(3.) _Doors or Gates opening outwards._--
Public-domain text, read in full here on John Shaqi.
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