16. Where, after the commencement of this Act(1) any new building or structure is erected or commenced in such manner that (a) any part of any external wall of any such building or structure; or if there be between such external wall and the roadway, any forecourt or other space (b) any part of the external fence or boundary of such forecourt or space is or will be in any direction distant from the centre of the roadway of any way (not being a highway) less than the prescribed distance or less than such other distance as may have been sanctioned by the Council or the tribunal of appeal; or (2) Any conditions or terms subject to which the sanction of the Council or the tribunal of appeal in relation to any such building structure forecourt or space was obtained have not been complied with; or (3) The time during which such sanction was limited to continue has expired; the way shall not become a highway except subject to the following provisions : (i) A written notice shall be served upon the Council of the proposal to make the way a public highway; (ii) The Council may at any time within two months after the receipt of such notice serve a notice upon the owner of such building structure forecourt or space or the builder requiring him to cause the same or any part thereof to be set back so that every part of any external wall of such building or structure or of the external fence or boundary of such forecourt or space shall be in every direction at a distance not less than the prescribed distance from the centre of the roadway of such way or at such distance and according to such conditions and terms (if any) as the Council or the tribunal of appeal may have sanctioned and prescribed; (iii) Unless and until such first-mentioned notice has been given to the Council and such last-mentioned notice. (if any) has been complied with the way shall not become a highway: Provided that this section shall not affect the erection or extension of any building or structure within the limits of any area which may have been lawfully occupied by any building or structure at any time within two years before the twenty-second day of July one thousand eight hundred and seventy-eight or the erection or extension of any building or structure lawfully in course of erection or extension on the said twenty-second 57 & 58 Vict. day of July. Commencement of the Act.-I.e. 1st Jan. 1895, see sect. 3, ante, p. 3. New building or structure.-See the definition of this expression in sect. 5 (6), ante, p. 11, and the note under the heading of new building' to sect. 13, ante, p. 63. P. 9. External wall. See definition in sect. 5 (15), ante, p. 17. Way.-This section relates to public roads, ways, or footpaths which are not streets, and to private roads, ways, or footpaths which it is proposed to convert into highways, or to form, lay out, or adapt as streets.' See the definition of the term 'way' in sect. 5 (2), ante, p. 9, and the definition of 'street'in subsect. I of that sect., ante, p. 6. Prescribed distance.—This means twenty feet from the centre of a roadway used for carriage traffic, and ten feet from the centre of a roadway used for foot traffic only, see sect. 5 (5), ante, p. 10. From the present section it would appear to be lawful to erect buildings in a way which is not a highway, even though this might convert the way into a street, or be the commencement of such conversion. Apparently, then, it must be possible in some way or other to prevent the public acquiring a right of passage over such way, otherwise upon such right being acquired the way would become a highway, and the provisions as to streets in sects. 6 to 11, ante, would be applicable, and also those contained in sect. 13, ante, p. 61. Conditions. The Council is empowered by sect. 17, post, to impose conditions when it gives its sanction under the present section, see also sect. 190, post, p. 276. Its refusal to give its sanction or the imposition of any conditions will presumably afford ground for an appeal to the Appellate Tribunal constituted by sect. 175, post, p. 269, though the Act does not expressly give such a right. Service of notice.-Provision is made by sect. 188, post, p. 274, as to the mode in which notices may be served upon persons other than the County Council, but no provision is made by the Act for the service of notices upon the Council itself. Presumably it would be sufficient service to leave a notice addressed to the Council with its clerk at its offices in Spring Gardens. It is questionable, however, whether proof of the postage of a notice addressed to the Council at its offices would be sufficient evidence of service of a notice on the Council. 'Month.'-See the note under this heading to sect. 10, ante, p. 58. Penalty. Inasmuch as the section contains a provision enacting what is to be the result of non-compliance with its enactments, namely, that a way in which a building or structure is erected contrary to its provisions is not to become a highway, it is open to question whether the provisions of sect. 200 (2) c. ccxiii. s. 16. 57 & 58 Vict. c. ccxiii. S. 17. Sanction to construction of new buildings at less than prescribed distance. are applicable to the case of a neglect or refusal to comply with the requirements of a notice served by the Council under it. 17. The Council may sanction the erection of any new building or structure at any less distance than the prescribed distance from the centre of the roadway of any way (not being a highway) to be specified in such sanction, or the continuance of any new building or new structure erected at such less distance or the continuance thereof for a limited time only to be specified in such sanction in such cases and subject to such terms and conditions (if any) as they may think proper And any such sanction may be framed in such manner as to apply to all new buildings in any such way or any part thereof Provided that the giving of such sanction by the Council shall not in any manner affect any rights of the owners of adjoining land. Conditions. Any terms or conditions imposed by the Council would have to be reasonable, and though no right of appeal is expressly given by the Act, the imposition of conditions and the conditions themselves would, having regard to the mention in sect. 16 of the Tribunal of Appeal, be subject to appeal to that tribunal, as to which see sect. 175 et seq., post, pp. 269-273 The power of the Council to frame its sanction, so that any conditions it may impose may apply to all new buildings in the way in question, can obviously apply only where the whole of the adjoining land is the property of the person applying for the sanction. Otherwise the effect would be to impose conditions upon persons without their being given an opportunity of being heard, as to which see Hopkins v. Smethwick Local Board, in the note to section 83, post, p. 160. Sanction of the Council.-With regard to the mode in which applications for the sanction of the Council under this section are to be made, see Nos. I. and II. (2) of the Regulations issued by the Council on the 1st Jan. 1895 in Appendix III., post. The provisions of sect. 195, post, p. 278, with regard to the mode in which the approval by the Council in certain cases is to be given, do not appear to be applicable to the sanctioning of the erection of any building or structure under this section. But under sect. 187, post, p. 273, notices and documents other than orders issued by the Council are to be sufficiently authenticated if signed by its clerk, or by the officer by whom the same are given or served. Since, then, all that will be requisite in any case arising under the section will be to prove that the Council has duly passed a resolution sanctioning the erection of the particular building or structure, a notice of such fact authenticated in the manner stated in sect. 187 (1) should, it is presumed, be sufficient to estop the Council from denying the fact of the Council's sanction having been duly given. Otherwise, the fact of the Council's sanction having 57 & 58 Vict. been given will have to be proved by the production of the c. ccxiii. ss. 18, 19. minutes of the Council containing the resolution sanctioning the erection, or at least by the production of a written sanction sealed, and purporting to have been sealed at a meeting of the Council. Rights of the owners of adjoining land. See as to this proviso the note under this heading to section 13, ante, p. 65. 18. Copies of the printed regulations of the Council Regulations issued for the purposes of this Part of this Act shall be to be printed kept at the county hall and supplied at all reasonable and supplied. times without charge to any applicants for the same. Printed Regulations.-The Council is empowered by sect. 7, ante, p. 44, to issue printed regulations with respect to the particulars which are to accompany applications for its sanction to the formation or laying out of streets, and by sect. 10, ante, p. 55, it is empowered to make similar regulations with respect to the particulars by which applications under that section are to be accompanied. Regulations issued by the Council on the 1st January, 1895, as to applications under the Act, will be found in Appendix III., Part II., post. County Hall. By this expression the offices of the London County Council in Spring Gardens are meant. Reasonable times.-The office hours of the London County Council are from 9 A.M. to 5 P.M. upon week days, with the exception of Saturday, when they are from 9 A.M. to 2 P.M., and these, it is presumed, would constitute reasonable times under this section. Should, however, the question arise as to whether any particular application was made at a reasonable time, it will be a question of fact to be decided in connection with all the surrounding circumstances of the case. See Tennant v. Bell, 16 L. J. M. C. 31; 9 Q. B. 684; 10 Jur. 946. 19. Whenever any applicant under Part II. of this Appeal. Act for the sanction of the Council to the formation or laying out of a street or the adaptation of a street or way for carriage or foot traffic or for the certificate of a district surveyor is dissatisfied with the refusal or conditional grant of such sanction or with any condition imposed by the Council or with the refusal of such certificate as aforesaid he may appeal to the tribunal of appeal. Tribunal of Appeal. This tribunal is constituted by sect. 175, post, p. 269, and under sect. 183, post, p. 272, has jurisdiction and power to hear and determine appeals referred to it under the Act, to confirm, reverse, or vary any decision appealed against, and to make any such order as it may think fit. Appeals. The procedure to be followed in cases of appeal to the Tribunal of Appeal, including the time and notice of appeal, and as to fees to be paid by the appellants and other c. ccxiii. S. 20. 57 & 58 Vict. parties, is by sect. 184, post, p. 273, to be regulated from time to time by regulations made by the tribunal and approved by the Lord Chancellor. Appeals under this section are to be lodged at the offices of the tribunal within fourteen days after notice of the decision of the Council or Surveyor; and notice of the appeal is to be given to the Council, and, where the original applicant is not the appellant, to such applicant. Notice of an appeal under this section is also to be given to the Local Authority, which expression is defined by sect. 5 (42), ante, p. 39; and in the case of an appeal against the decision of the District Surveyor also to such Surveyor. See the Regulations of the Tribunal of Appeal in Appendix III., post. Under sect. 182, post, p. 272, the tribunal has power to state, and may be ordered by the High Court or a judge to state, a case for the opinion of the High Court upon any question of law involved in any appeal submitted to it; and by sect. 185, post, p. 273, orders of the tribunal are enforceable by the High Court as if they had been orders of that Court. As to private roads laid Costs.--The costs of appeals to the Tribunal of Appeal are by sect. 183, post, p. 272, in the discretion of the tribunal. 20. Nothing in this Part of this Act shall extend or out by a rail. apply to any private road formed or laid out by a railway company and used as an approach to a station or station yard or as an approach to land used for railway purposes. way com pany. 'Railway Companies.'-These companies are also not to be affected in the exercise of their statutory powers by anything contained in Part III. of the Act, see sect. 31, post, p. 88; and exceptions are made by sects. 86 and 201 (8), post, in respect of certain buildings belonging to Railway Companies from Parts VI. and VII. of the Act, subject to the exception contained in sect. 81, and to the limitation of time during which such exception is to continue, contained in sect. 206. Apart from these exceptions, however, it has been laid down that lands acquired by a public body in pursuance of statutory powers for a particular purpose, must be used for that purpose only; and that any provisions of a general Act which are inconsistent with the use of such lands for the purposes for which they are acquired, are inapplicable. See Rolls v. the School Board for London, 27 Ch. D. 639; 51 L. T. (N.S.) 567. See also Clark v. the School Board for London, L. R. 9 Ch. 120; 43 L. J. Ch. 421; 29 L. T. (N.S.) 903; 22 W. R. 354; S. C. 28 L. T. (N.S.) 657; Mulliner v. the Midland Railway Company, 40 L. T. (N.S.) 121; 11 Ch. D. 611; 48 L. J. Ch. 258; 27 W. R. 330; and The City and South London Railway Company v. the London County Council (1891), 2 Q. B. 513; 65 L. T. (N.S.) 362 ; 60 L. J. M. C. 149; 40 W. R. 166; 56 J. P. 56. In the last-mentioned case the Court of Appeal held that when a railway company was empowered by its special Act to make its railway according to the deposited plans with all |