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
“And they may further provide for the observance of such byelaws by
enacting therein such provisions as they think necessary as to the
giving of notices; as to the deposit of plans and sections by persons
intending to lay out streets or to construct buildings; as to inspection
by the urban authority, and as to the power of such authority (subject
to the provisions of this Act) to remove, alter, or pull down any work
begun or done in contravention of such byelaws. Provided that no byelaw
made under this section shall affect any building erected in any place
(which at the time of the passing of this Act is included in an urban
sanitary district) before the Local Government Acts came into force in
such place, or any building erected in any place (which at the time of
the passing of this Act is not included in an urban sanitary district)
before such place becomes constituted or included in an urban district,
or by virtue of any order of the Local Government Board subject to this
enactment.
“The provisions of this section, and of the two last preceding sections,
shall not apply to buildings belonging to any railway company, and used
for the purposes of such railway under any Act of Parliament” (38 & 39
Vic. c. 55, s. 157).
The result of this power having been so given to urban authorities, is
that they have all framed sets of byelaws, which having received the
sanction of the Local Government Board, are now law in the several
districts.
In the year 1877, it being found that considerable variation existed in
the requirements set forth in the byelaws, according to the districts
from which they emanated, and experience having shown that the forms of
byelaws previously issued by the Local Government Board were inadequate,
the Local Government Board in order to assist urban authorities issued a
series of model byelaws; amongst the series being a set of byelaws
regulating the manner in which new streets should be constructed and
buildings erected.[153]
These model byelaws are too extensive to give in detail, as they contain
99 clauses, but every town surveyor should at once procure a copy, even
if his corporation have not adopted them, nor intend to do so.
One of the first difficulties that often presents itself to those who
have to enforce the observance of the necessary “giving of notices and
deposit of plans and sections by persons intending to construct new
buildings” is to prove that the building is “new” so as to bring it
under the operations of the Act.
In many cases, of course, there can be no doubt where bare land is being
built upon, but often after buildings have been partially destroyed by
fire, or where extensive alterations are being carried out, some
considerable elements of uncertainty as to what is a “new building” are
introduced.
The law attempts to settle the question as follows:
Public-domain text, read in full here on John Shaqi.
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