c. ccxiii. S. 42. 57 & 58 Vict. space will have to be provided for a building of the desired height. This space may then, with the sanction of the Council, have erected upon it outbuildings, which may form part of the main building, but may not exceed 30 ft. in height. As these extensions of the main building or separate building are to be so placed as not to interfere unduly with the access of light and air to neighbouring buildings, they will probably not be permitted to cover the open space to the whole of its depth if by so doing they would adjoin another building, and thus prevent the circulation of air from the side street or the open space at the side referred to in (b) to the rear of other houses situated on the opposite side of the main building. Open space to be pro vided about certain build ings not on the public way. 'Return front'-i.e. that side of the building at an angle to the main front, and abutting on the side street or open space, as referred to in subsection (iv). The object is to prevent the rule as to building within the diagonal line so operating as to prevent a corner building being carried up at a uniform height to a depth of 40 feet from the main front, so long as the open space required to be left at the rear of the building is not encroached upon. 'Street laid out after commencement of the Act.'-The provisions of subsection (1) relate to domestic buildings erected after 1st January, 1895, and abutting upon a street formed or laid out after that date. 'Street laid out before commencement of Act.'-Subsection (2) relates to domestic buildings erected after the 1st January, 1895, and abutting upon a street formed or laid out before that date, and its effect is to allow the site of a building to be wholly built upon to the height of one storey on condition that an amount of open space equal to what is required under subsection (1) of this clause be provided at the level of the ceiling of the ground storey, or at a level of 16 ft. This provision, however, does not apply to dwelling-houses to be inhabited or adapted to be inhabited by persons of the working classes. 6 Appeal. The provisions regulating appeals to the tribunal of appeal will be found in sects. 175 et seq., post, pp. 269-273 Alterations or additions to buildings.-Under sect. 209, post, p. 300, every addition to or alteration of a building, so far as regards such addition or alteration, is subject to the provisions of the Act relating to new buildings. 'Penalty. The erecting, altering, enlarging, rebuilding, or raising any building, or the commencing so to do, so as to contravene any of the provisions of this Part of the Act, is made an offence against the Act by sect. 200 (3 b), post, p. 284. 42. The following provisions shall have effect with respect to dwelling-houses to be inhabited or adapted to be inhabited by persons of the working class erected after the commencement of this Act not abutting upon a street: s. 42. (i) At least one month before commencing to erect 57 & 58 Vict. any such dwelling-house the person intending to erect c. ccxiii. the same shall deliver at the county hall a sufficient plan or plans exhibiting the extent and height of the intended dwelling-house in its several parts and also its position in relation to every other building either already existing or in course of erection which is adjacent thereto : (ii) In any case where the Council are satisfied taking all the circumstances of the case into consideration that there will not be provided about such dwellinghouse a sufficient open space or spaces for the admission of light and air thereto it shall be lawful for the Council at any time before the expiration of one month from the delivery of the said plan or plans by order to refuse to sanction such plan or plans or to sanction the same subject to such conditions as they may by such order prescribe Provided always that nothing in this subsection shall authorise the Council to refuse to sanction such plan or plans or to prescribe any conditions when sanctioning the same in any case where the open space or spaces for the admission of light and air proposed to be provided about such dwelling-house is or are equivalent to the open space or spaces which would have been provided about such dwelling-house under the provisions of this Act in case the same bad been erected after the commencement of this Act abutting upon a street or way formed or laid out before the commencement of this Act: (iii) No person shall commence to erect any such dwelling-house without having obtained the sanction of the Council to the plans delivered by him: (iv) Unless the Council shall within one month after the delivery of the said plan or plans to them give notice to the person delivering the same of their disapproval thereof the Council shall be deemed to have given their sanction thereto : (v) In case any person intending to erect any such dwelling-house considers that the refusal of the Council to sanction the plans delivered by him or any of the conditions prescribed by the Council is or are unreasonable he may appeal to the tribunal of appeal. Artisans' dwellings.-The Council represented to the Parliamentary Committee that a considerable proportion of buildings in the Metropolis erected in blocks for use as artisans' c. ccxiii. S. 42. 57 & 58 Vict. dwellings, were constructed on plans that did not give adequate means of ventilation to the rooms in such buildings or allow for the proper circulation of air round and about such buildings. As, however, it was not possible to prescribe in all cases what requirements should be insisted upon, power was given to the Council to prevent the erection of any such dwelling unless there is provided in connection therewith a sufficient open space or spaces for the admission of light thereto. The Council requires applications under this section to be reported upon by its Medical Officer, as well as by the Superintending Architect; see the Regulations of the Building Act Committee of the 1st January, 1895, in App. III., Pt. II., post. - expression 'dwelling-house' is defined by sect. 5 (25), ante, p. 23. The erection of dwelling-houses for the working classes abutting upon a street is dealt with in sect. 41, ante, p. 96. Inhabited. This term is defined in sect. 5 (37), ante, p. 37. Commencement of the Act'-i.e. the 1st January, 1895; see sect. 3, ante, p. 3. 'Month. This means 'calendar month;' see sect. 3 of the Interpretation Act, 1889 (52 & 53 Vict. c. 63). Where the period prescribed by the section will expire on a day between August 8th and September 14th, it will be deemed to be extended for 28 days; see sect. 174, post, p. 268. 'County Hall.'-The offices of the Council in Spring Gardens are meant. 'Plans.'-Regulations have been issued with regard to the plans and sections by which applications under this section are to be accompanied ; see Nos. I. & II. (3) of the Regulations of the 1st Jan. 1895, in App. III., Pt. II., post. Upon delivery of any plan in pursuance of the Act at the office of the County Council it will become the property of the Council; see sect. 194, post, p. 278. Failure to deliver plans in accordance with this section will render the person intending to erect a dwelling-house to which this section refers liable to a penalty under sect. 200 (11 j), post, p. 291. 'Order'-Orders of the County Council are required by sect. 187 (2), post, p. 273, to be under the seal of the Council. 'Conditions.'-The Council has also power under sect. 190, post, to impose conditions instead of refusing its sanction in any case where it is authorised by the Act to refuse its sanction to the doing of any act. Any condition imposed by the Council when accepted will be binding on the owner and occupier of the building, and the non-observance or non-fulfilment of the condition will render the owner or occupier in default liable under sect. 190, post, p. 276, to the penalty prescribed by sect. 200 (10), post, p. 288. The provisions of the Act with regard to open spaces referred to in subsection (ii) are those contained in sect. 41. 'Sanction of the Council.'-The approval of the Council to any plans for the purposes of this Act is to be signified in writing under the hand of the Superintending Architect; see 57 & 58 Vict. sect. 195, post, p. 278. Notice of such approval or of the dis- c. ccxiii. approval of the Council of any plans may be given in the mode s. 43. provided by sect. 188, post, p. 274. A refusal to sanction plans or the sanctioning of plans subject to conditions under subsection (ii) of sect. 42 is to be by order of the Council under its seal. See sect. 187 (2), post, p. 273. Should the period within which the Council is to approve or disapprove of plans delivered under this section expire on any day between August 8 and September 14, such period is, by virtue of sect. 174, post, p. 268, extended for twenty-eight days. The provisions of this section are not to prevent the re-erection upon the same site and of not greater dimensions of any dwelling-house for the working classes erected by a local authority previously to the passing of this Act, i.e. previously to August 25, 1894; see sect. 51, post, p. 114. If any building is so constructed as to have open space or spaces equivalent to the space or spaces which would have to be provided in the case of a building coming within sect. 41 (2), the Council is prevented by subsect. (ii) from refusing its sanction to the plan of such building, or to prescribe any conditions when sanctioning it, but such fact will not absolve the person intending to erect the building from the obligation to deposit the plan and obtain the sanction of the Council before commencing to erect the building. 'Appeal. The provisions regulating appeals to the Tribunal of Appeal will be found in sects. 175 et seq., post, pp. 269273. domestic 43. When any person intends to erect a domestic Saving for building (not being a dwelling-house to be inhabited or certain adapted to be inhabited by persons of the working class) buildings on abutting upon a street on the site of domestic buildings old sites. existing at the commencement of this Act or on a site vacant at the commencement of this Act but which has been occupied by a domestic building at any time within seven years previous to the commencement of this Act the following provisions shall have effect: (i) It shall be lawful for such person before commencing to erect the intended domestic building to cause to be prepared plans showing the extent of the previously existing domestic building in its several parts (or in the event of such building having been taken down before the commencement of this Act or having been accidentally destroyed the best plans available under all the circumstances of the case) and to cause such plans to be submitted to the district surveyor who shall (if reasonably satisfied with the evidence of their accuracy) certify the same under his hand and such certificate shall be taken 57 & 58 Vict. to be conclusive evidence of the correctness of the plans; Such person may then erect the intended domestic building but so that no more land shall be occupied by the newly erected building than was occupied by the previously existing domestic building as so certified. If such person fail to submit such plans to the district surveyor or the district surveyor or the tribunal of appeal refuse to certify the accuracy of the same such person shall in rebuilding be bound by the preceding provisions of this Part of this Act relating to domestic buildings erected after the commencement of this Act abutting upon a street formed or laid out before that date: (ii) If a person erecting the intended domestic building shall desire to deviate in any respect from the plan or plans certified by the district surveyor it shall be lawful for him to apply to the Council who shall sanction such deviations on such conditions as they may think fit provided that such conditions shall not in any case be more onerous than the conditions prescribed for domestic buildings erected after the commencement of this Act abutting on a street formed or laid out before that date: (iii) A person dissatisfied with any decision of the Council or of a district surveyor under this section may appeal to the tribunal of appeal. 'Domestic building.'-This expression is defined by sect. 5 (25), ante, p. 23. The erection of dwelling-houses for the working classes is dealt with in sects. 41 and 42, ante, pp. 96 and 102. 'Street.'- This expression is defined by sect. 5 (1), ante, p. 6. 'Commencement of this Act'-i.e. the 1st January, 1895; see sect. 3, ante, p. 3. 'Site. The definition of this word in the Act of 1878 was as follows:-'The term "site" in relation to a house, building, or other erection shall mean the whole space to be occupied by such house, building, or other erection between the level of the bottom of the foundations, and the level of the base of the walls' (41 & 42 Vict. c. 32, sect. 14). That definition is, however, repealed by the present Act, no other definition being substituted; it is therefore doubtful whether or not the term as here used in the present Act includes the whole area within the curtilage of the particular building, inasmuch as the definition of the expression 'domestic building' includes a dwelling-house, and in law all that is within the curtilage of a dwelling house forms part of such house; see note to sect. 13, ante, p. 67, under the heading Curtilage. Under sect. 16 of the Act of 1878, which gave power to make byelaws with |