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only to footways and their adaptation for carriage traffic; and 57 & 58 Vict. the second clause (b) to the adaptation of ways which are not c. ccxiii. streets and private roadways or footpaths for the purposes of public foot traffic only.

p. 6.

'Street.

This expression is defined by sect. 5 (1), ante, See the note to such subsection, and also the note to sect. 9, ante, p. 51.

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Way.'-This expression is also defined by sect. 5, see subsect. (2) of that sect.

'Permit to be used.'-Some intention of permitting the street or way to be permanently used contrary to the section will have, it is presumed, to be shown on the part of the person alleged to permit the user, having regard to the fact that the word 'traffic' is used, and having regard also to the proviso at the end of the section.

Sanction of the Council.-The Council's approyal of plans or particulars is, under sect. 195, post, p. 278, to be signified in writing under the hand of the superintending architect. And such approval may be made, subject to any conditions that the Council may think fit to impose, provided that such conditions. are reasonable, see section 190, post, p. 276. Should the Council fail, where it does not expressly sanction the proposed adaptation, to give notice of its disapproval within two months of the application for the sanction, it will by virtue of subsect. 2 of sect. 10 be deemed to have sanctioned the adaptation. The grounds upon which the Council may withhold its approval to the proposed adaptation of a street or way are stated in sect. 11, post, the effect of that section being to limit the power of the Council to withhold its sanction to the cases therein mentioned, with regard to which see the notes to the section.

Appeal. Under sect. 19, post, an appeal is given to the Tribunal of Appeal constituted under sect. 175, post, p. 269, against the refusal by the Council of its sanction to the adaptation of a street or way for carriage or foot traffic, or from any condition imposed by the Council in sanctioning such adaptation.

Plans, sections, and particulars.-Under sect. 164, post, p. 249, the Council is empowered to make byelaws with respect to the regulation of the plans, level, width, surface, and inclination of new streets, which byelaws would presumably be applicable to the adaptation of a street or way for purposes for which such street was not previously used, if the effect of the adaptation was to convert the street or way into a 'new street.'

Byelaws. See with regard to the power of the Council to make byelaws the note on p. 54, ante.

Printed regulations.-Copies of any regulations issued by the Council for the purpose of this Part of the Act are to be kept at the County Hall, and are to be supplied to applicants without charge, see sect. 18, post, p. 75. The Regulations issued by the Council on January 1, 1895, will be found in Appendix III. Pt. II., post, see ib., Nos. I. and II. (1).

Width of streets or ways.-The Council is empowered by

S. IO.

57 & 58 Vict. c. ccxiii.

S. II.

Grounds for refusing to sanction adaptation of ways for streets.

sect. 12, post, in cases therein mentioned, upon the adaptation of a street or way for use for carriage traffic, which street or way was not previously so adapted, to require as a condition of its sanctioning such adaptation that the street or way shall be widened to a width greater than 40 feet, but not greater than 60 feet. Provision is made by sect. 15, post, for the payment by the Council of compensation in such cases to the owner of lands required for such greater width. Should the Council not require the street or way to be widened more than 40 feet, it will still be necessary to widen any street or way adapted under the section to the width of 40 or 20 ft., according as it may be intended to adapt it for carriage or foot traffic, unless the Council sanction a less width. See subsect. 4.

Commencement of work.--See the notes to sect. 8, ante, p. 48. By sect. 200, post, every person who commences to alter or adapt any street or way without having first obtained the sanction of the Council, or otherwise than in accordance with the conditions imposed by the Council or the Tribunal of Appeal, is to be deemed to have committed an offence against the Act, and to be liable to the penalties therein mentioned.

Prescribed distance. This expression is defined by sect. 5 (5), ante, p. 10.

'Month.'—This expression means calendar month. See the Interpretation Act, 1889 (52 & 53 Vict. c. 63), s. 3. If the period prescribed by the section expires on a day between August 8 and September 14, it is to be deemed to be extended for twenty-eight days; see sect. 174, post.

11. In any of the cases following but in no other case (that is to say) :

(1) Whenever it is proposed to adapt for carriage traffic any street or way (not previously so adapted) where there are houses or buildings either on both sides thereof or only on one side thereof without a distance of at least twenty feet clear being left between the centre of the roadway and the nearest external wall of the houses or buildings on the side of the street or way to which the measurement is taken or (if there be forecourts or other spaces left between such external wall and the roadway) without there being a distance of at least twenty feet clear between the centre of the roadway and the external fences or boundaries of such forecourts or other spaces;

(2) Where it is proposed to adapt as a street for foot traffic only or as a public footway any way not previously so adapted without the same being of or being widened to the full width of 20 feet clear measured as aforesaid;

(3) Where any such adaptation would result in the formation of a street exceeding 60 feet in length or a street not exceeding 60 feet in length of which the

length is greater than the width and in either case not 57 & 58 Vict. being open at both ends from the ground upwards ;

(4) Where any such adaptation would result in the formation of a street not being within the City and not affording direct communication between two streets such two streets being (where it is intended to form or lay out such street for carriage traffic) streets formed and laid out for carriage traffic;

(5) Where the adaptation will result in the formation or laying out of a street not being within the City for foot traffic only and it appears to the Council either that such street should not be formed or laid out for foot traffic only or that such street should be formed or laid out for foot traffic only subject to conditions ;

(6) Where the adaptation would result in the formation of a street for carriage traffic with any gradient steeper than one in twenty;

(7) Where the adaptation is proposed to be made in such a manner as to be in contravention of any byelaw of the Council:

it shall be lawful for the Council by order at any time within the said period of two months after the receipt of the application to refuse to sanction or to sanction (subject to such conditions as they may by such order prescribe) the adaptation proposed by the application Provided that the Council shall within such period give notice to the applicant of such order stating fully all their reasons for such refusal or the imposition of such conditions as the case may be Provided also that if within the said period of two months the Council fail to give notice of their refusal to sanction such adaptation or of their sanction of the adaptation subject to conditions they shall be deemed to have given their sanction thereto.

Grounds for refusal.-See the note under this heading to sect. 9, ante, p. 49.

Street or way. These expressions are defined by sect. 5(1) and (2), ante, pp. 6 and 9. See the notes to such subsections, and the notes to sect. 9 sub 'street,' ante, p. 51.

Centre of the roadway. This expression is defined by sect. 5 (4), ante, p. 9.

sion.

External wall.-See sect. 5 (15), which defines this expres

Open at both ends. See the note under the heading, 'open from the ground upwards,' ante, p. 51.

Direct communication.-See as to this the note to sect. 9, ante, p. 53.

c. ccxiii. S. II.

57 & 58 Vict. c. ccxiii.

S. 12.

Greater width of

street may be required in certain cases.

Subject to conditions.-Though the section only mentions specifically one case in which the Council is empowered to impose conditions in granting its sanction to the adaptation of a street or way, namely, where the adaptation will result in the formation or laying out of a street not within the City for foot traffic only (see subsection 5), by section 190, post, p. 276, the Council, in any case where it is authorised to refuse its sanction to the doing or omission of any act or thing, may if it thinks fit, instead of refusing such sanction, give the same subject to such terms and conditions as it thinks fit.

Appeal. Section 19, post, gives any applicant for the sanction of the Council to the adaptation of a street or way who is dissatisfied with the refusal or conditional grant of such sanction, or with any condition imposed by the Council, a right of appeal to the Tribunal of Appeal, constituted under sect. 175, post, p. 269. As to which, see the notes to that section and to section 19, post, p. 75.

Gradient. Previously to the present Act, streets could be formed or laid out at any gradient. The County Council had power under sect. 202 of the Metropolis Management Act, 1855, to make byelaws regulating the level of streets, but no such byelaws were ever made either by the Metropolitan Board of Works or by the County Council.

Byelaws. See the note under this heading to sect. 9, ante, p. 54, and sect. 164, post, p. 249, and the notes thereto.

By Order.-Sect. 187 (2), post, p. 273, requires all orders of the County Council to be under the seal of the Council; and by subsection 1 of the same section notices of such orders are to be sufficiently authenticated if signed by the Clerk to the Council, or by the officer by whom the same may be given or served.

I

Service of orders and notices. Sect. 188 (1), post, p. 274, contains provisions as to the service of the Council's orders and notices.

Months.-Calendar months are meant by this expression. See the note under this heading to sect. 10, ante, p. 58.

Penalty. The Council has power by its byelaws to provide (see sect. 164, post) for the imposition, for every offence committed against such byelaws, of a penalty not exceeding five pounds, and a daily penalty not exceeding two pounds; and by sect. 200, post, p. 281, every person who commences to adapt any street or way without the sanction of the Council, or contrary to the conditions imposed by it in granting its sanction, is rendered liable to a penalty of 10l. for every offence, and to a daily penalty not exceeding forty shillings.

12. In any case where it is intended

(a) To form or lay out any street not being within two miles of Saint Paul's Cathedral for carriage traffic;

(b) To adapt or permit to be used for carriage traffic any street or way (not being within two miles

of Saint Paul's Cathedral) not previously so 57 & 58 Vict. adapted;

and the Council shall deem it expedient in the public interest that the street or way should by reason of its length or importance or in consequence of its forming or being so situate as to be likely to form part of an important line of communication or for other sufficient reason be of a greater width than 40 feet clear they may make it a condition of their sanction that the street or way shall be throughout or in such part as they may direct of a greater width than 40 feet but nothing in this section shall authorise the Council to require a greater width than 60 feet:

And before requiring that any street or way shall be wider than 40 feet the Council shall give notice of their intention to the local authority in order that the local authority if they think fit may make a representation to the Council.

'Street. See the definition of this expression in s. 5 (1), ante, p. 6, and the notes thereto.

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Way.'-This expression is defined by s. 5 (2), ante, p. 9. 'Sanction.'-The sanction of the Council to the formation or laying out of a street is rendered necessary by sects. 6 and 7, ante, pp. 39, 44, and the sanction of the Council to the adapting or permitting of streets or ways to be used for carriage traffic by sects. 6 and 10, ante, pp. 39 and 55.

'Compensation. Where the Council requires a street or way to be widened under this section, it will be liable in the case of the formation or laying out of a street for carriage traffic over land at the commencement of the Act (i.e. 1st January, 1895), or at any time within seven years previously, occupied by buildings or by market gardens, and in the case of the adaptation or use for carriage traffic of any street or way not previously so adapted or used, to pay compensation to the owner of any land or buildings required for such widening. See sect. 15, post, p. 70, and the notes thereto.

'Local Authority.'-For a definition of this expression see sect. 5 (42), ante, p. 39.

13.-(1) No person shall erect any new building or new structure or any part thereof or extend any building or structure or any part thereof in such manner that any external wall of any such building or structure or (if there be a forecourt or other space between such external wall and the roadway) any part of the external fence or boundary of such forecourt or other space shall without the consent in writing of the Council be in any direction at a distance less than the prescribed distance

c. ccxiii.

s. 13.

Position of new buildings with

reference to

streets.

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