W. PAGE Wadham v. North Eastern Ry. Co. (1884), 14 Q. B. D. 747; 52 L. T. 98 79 116 90 100 Y. Yabbicom v. King, [1899] 1 Q. B. 444; 68 L. J. Q. B. 560; 80 L. T. 159; 63 J. P. 149; 47 W. R. 318 46 CHAPTER I.-THE SCOPE OF THE TOWN PLANNING ACTS. "THE Town Planning Acts" is an abbreviated and convenient expression for use in referring to "the Town Planning Acts, 1909 to 1923," which is the title given to Part II. of the Housing, Town Planning, etc. Act, 1909, Part II. of the Housing, Town Planning, etc. Act, 1919, and Part II. of the Housing, etc. Act, 1923, by s. 25 (4) of the last-mentioned Act. The provisions which are actually comprised in the Town Planning Acts are comparatively few in number, but they refer to many other statutory provisions and the whole, together with the regulations of the Minister of Health made under the Acts, constitute a code of some magnitude. General object of Acts.-The general object of the Acts is by means of a town planning scheme made as respects any land, which is in course of development or likely to be used for building purposes, to secure proper sanitary conditions, amenity, and convenience in connection with the laying out and use of such land and of any neighbouring lands (Housing, Town Planning, etc. Act, 1909, s. 54 (1)). The expression" amenity" is a favourite one in connection with town planning; as well it may be, for no doubt the sense of amenity or pleasantness, as the dictionaries define the word, is that which renders the idea of a town planning scheme popularly attractive. The term " amenity" is not only found in the above provision of s. 54 (1) of the Act of 1909, but also in ss. 45 and 59 (2) of the same Act. Section 45 (see p. 152) speaks of land which "forms part of any park, garden, or pleasure ground or is otherwise required for the amenity or convenience of any dwelling-house"; and this would indicate that, where land is to be laid out under a town planning scheme, T.P. 1 B provision may properly be made for public parks, gardens, and pleasure grounds. Section 59 (2) of the Act of 1909, in reference to compensation on account of property being injuriously affected by a town planning scheme, provides that--" Property shall not be deemed to be injuriously affected by reason of the making of any provisions inserted in a town planning scheme which, with a view to securing the amenity of the area included in the scheme or any part thereof, prescribe the space about buildings or limit the number of buildings to be erected, or prescribe the height or character of buildings, and which the [Minister of Health], having regard to the nature and situation of the land affected by the provisions, considers reasonable for the purpose." This furnishes another aspect of "amenity in connection with a town planning scheme. Commenting upon s. 59 (2) of the Act of 1909 in the case of In re Ellis and Ruislip-Northwood Urban District Council, [1920] 1 K. B. 343, SCRUTTON, L.J. (at p. 370), said: "The word amenity' is obviously used very loosely; it is, I think, novel in an Act of Parliament, and appears to mean pleasant circumstances or features, advantages.' Wide streets and plenty of air and room between houses seem clearly to be amenities, and a provision securing them by setting back houses to a given line seems to me to be a provision with a view to securing amenity." However, the words "with a view to securing the amenity of the area included in the scheme or any part thereof "might prove very embarrassing in considering whether a particular provision fell within s. 59 (2), and such words were repealed by s. 48 and Sched. III. of the Housing, Town Planning, etc. Act, 1919. But the expression " amenity" as used in s. 54 (1) of the Act with reference to the general object of a town planning scheme must no doubt be given a very broad interpretation. Many of the provisions to be found in the schemes already approved by the Minister of Health or his predecessors, the Local Government Board (see pp. 49, 50 and 265) and in the model clauses recently issued by the Minister of Health (see p. 209) are to be justified on the ground that they secure the amenity of the areas subject to the schemes. Thus, clause 22 of the Birmingham (North Yardley and Stechford) Town Planning Scheme prohibits advertising which will "interfere with the amenity of the area or any part thereof "; and model clause 39 (see p. 246) has been formulated with a like purpose. The provision of grass margins for streets and the planting of trees, bushes, and shrubs in streets and the prohibition of the erection of factories or the carrying on of manufacturing businesses matters commonly provided for in schemesfurnish other examples of "amenity" which may properly be considered. It will be observed that s. 54 (1) of the Act of 1909, in stating the general object of a town planning scheme, not only refers to the land which is directly subject to the scheme but to neighbouring lands." Regard is to be had in the making of a scheme to the laying out and use of neighbouring lands as well as to that of the land which is the actual subject-matter of the scheme. The result should be that, as successive areas are developed, they should fit into one another and eventually form a harmonious whole. The procedure.-Town planning schemes may be prepared or adopted by local authorities, but require the approval of the Minister of Health. A scheme when thus approved has statutory effect. See further, p. 37. The preparation, adoption, and approval of town planning schemes are considered in Chap. II. The following chapter treats of the variation and revocation of such schemes. Chap. IV. deals with the contents of schemes and Chap. V. is concerned with the carrying out and enforcement of schemes. Land that may be utilised for scheme.-A scheme may be made as respects "any land which is in course of development or appears likely to be used for building purposes" (Housing, Town Planning, etc. Act, 1909, s. 54 (1)). Where "a piece of land already built upon or a piece of land not likely to be used for building purposes" is so situate with respect to "any land likely to be used for building purposes," which is the subject of a scheme, that the general object of the scheme would be better secured by the inclusion of such piece of land, the same may be included accordingly (Housing, Town Planning, etc. Act, 1919, s. 48 and Sched. III.). The expression "land likely to be used for building purposes" includes land likely to be used for open spaces, roads, streets, parks, pleasure or recreation grounds, or "for the purpose of executing any work upon or under the land incidental to a town planning scheme whether in the nature of a building work or not" (Housing, Town Planning, etc. Act, 1909, s. 54 (2)). In considering whether a work is "incidental to a town planning scheme" regard, no doubt, should be had to the general object of the Town Planning Acts, namely, to secure proper sanitary conditions, amenity, and convenience in connection with the laying out and use of land subject to a scheme and of any neighbouring lands (ibid. s. 54 (1)). However, the decision of the Minister of Health as to whether land is "likely to be used for building purposes or not is final (ibid. s. 54 (2)). The expression " land in course of development for building purposes" is not defined. Such land, it may be assumed, should include land intended to be used for like purposes to those that pertain to "land likely to be used for building purposes." There will accordingly be comprised in "land in course of development for building purposes " land intended to be used for roads and streets, parks and open spaces, in connection with a building estate and other land required for works it is proposed to execute for the benefit of the estate. Whether or not land is "in course of development" for building purposes may not be always easy to determine. The land may be said to begin to develop when some actual steps are taken to mark out the plots for houses and the lines of roads and the like. The question as to when land begins to develop for building purposes does not, however, seem to be very material for the purpose of a town planning scheme; for any contention that land, in respect of which some steps have been taken, has not begun to develop can no doubt be met by the answer that at any rate it is" land likely to be used for building purposes and is therefore amenable to a scheme. The question of more consequence is as to when the "development" of land for building purposes has come to an end so as to exempt it from being embraced in a scheme, As has been observed, "land in |