course of development for building purposes" not only includes land on which it is proposed buildings should actually be erected, but land intended for roads and streets and open spaces and parks and for other purposes in connection with the use and enjoyment of the buildings. The Legislature, in speaking of "land in course of development for building purposes," it may accordingly be inferred, were contemplating a building estate as a whole. The levelling of the land, excavating the soil for buildings and the making of roads, are matters of the sort which may reasonably be said to constitute the development of the estate. It is impossible, however, to make any general and precise statement as to when the development of land is completed. Each case must be determined according to its own circumstances. It is apprehended that it is not necessary, for example, that the roads should be completely made or any intended park should be fully laid out before the land can be said to be no longer "in course of development." On the other hand, it seems reasonable that the fact that a road has reached its final form does not necessarily justify its exclusion from a scheme that may properly be made with regard to the estate as a whole.

Where an area comprises a locality to which special architectural, historic, or artistic interest attaches a town planning scheme may be made with respect thereto notwithstanding that the land or any part thereof is already developed (Housing, etc. Act, 1923, s. 21-see p. 175).

Mention may here again be made of the "neighbouring lands " referred to in s. 54 (1) of the Act of 1909-see p. 1. By that section the general object of town planning is stated to be connected with " the laying out and use of the land, and of any neighbouring lands." The term " the land" clearly means the area to which the scheme expressly relates; whereas the words any neighbouring lands" refer to lands in the vicinity of such area, possessing features that may be properly taken into account in the planning of the area, but which are not themselves directly subject to the provisions of the scheme.

Authorities concerned in the execution of the Acts.—The local authority entrusted with the preparation or adoption of a

scheme is, in the case of a borough, the borough council and in other cases, the urban or rural district council; and the term "local authority" as used in the Town Planning Acts relates to such bodies (Housing, Town Planning, etc. Act, 1909, s. 65 (1)). In the administrative county of London, which, of course, includes the city of London, the London County Council is the "local authority" (ibid. s. 66 (1)). As to the appointment of a joint committee by local authorities desirous of acting jointly in the preparation of a scheme, see p. 10.

As the land embraced in a scheme need not necessarily be within the area of the local authority that prepares or adopts the scheme, it is not always desirable that such local authority should be the authority for carrying out the scheme. The term "responsible authority" is accordingly introduced to denote "the authority who are to be responsible for enforcing the observance of the scheme and for the execution of any works which under the scheme or the Town Planning Acts are to be executed by a local authority" (Housing, Town Planning, etc. Act, 1909, s. 55 (2)). The scheme will state what body is the responsible authority" (ibid.). Where land included in a scheme is in the area of more than one local authority, or is in the area of a local authority by whom the scheme was not prepared, the "responsible authority" may be one of these local authorities, or for certain purposes of the scheme one local authority and for certain purposes another local authority or a joint body constituted specially for the purpose of the scheme. The necessary provisions for constituting a joint body as the responsible authority" and giving them the necessary powers and duties may be contained in the scheme (ibid. s. 55 (3)).

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As regards land in the county of London, no scheme may be prepared with respect to the same by any other local authority than the London County Council except with the consent of that body; and the London County Council is to be the "responsible authority" for carrying out a scheme as regards such land unless the council otherwise consents (ibid.).

County councils other than the London County Council are in a minor degree concerned with the Town Planning Acts. They are entitled to be heard at inquiries in regard to schemes

respecting lands in their counties (see p. 135); and they may be empowered to act in the place of the councils of smaller boroughs and urban districts and of the councils of rural districts where such councils make default in preparing or carrying out schemes (see p. 55).

The general provisions of the Town Planning Acts relating to the default of authorities in making and executing schemes are contained in Chap. VI.; and those that concern the defrayment of the expenses of local authorities under the Acts and their borrowing powers for the purposes of the Acts in Chap. X.

The Minister of Health, to whom has now been transferred the powers and duties of the Local Government Board, is very much interested in the Town Planning Acts. It is not only his duty to frame very comprehensive regulations for the purposes of the Acts, but all schemes must receive his approval. Chap. IX. relates to regulations made by the Minister, to the determination by him of matters under the Acts and to inquiries by him.

Ancillary matters.-The acquisition of land by local authorities for the purposes of schemes is dealt with in Chap. VII.

The Acts provide for compensation in respect of property injuriously affected by a town planning scheme and for payment to the responsible authority in respect of property increased in value. See Chap. VIII.

An important provision in the Housing, Town Planning, etc. Act, 1919, required the councils of the larger boroughs and urban districts to prepare schemes in respect of all land within the borough or district by 1st January, 1926-now extended to 1st January, 1929, by the Housing, etc. Act, 1923. This is considered in Chap. XI.

Scotland. The application of the Acts to Scotland is shown in Chap. XII.

CHAPTER II.-PREPARATION, ADOPTION, AND APPROVAL OF TOWN PLANNING SCHEMES.

UNDER the Housing, Town Planning, etc. Act, 1909, it was necessary for a local authority to obtain the authority of the Local Government Board to prepare or adopt a town planning scheme (s. 54 (2)); but that provision has been superseded and no such authority is now required.

1. STATUTORY PROVISIONS RESPECTING PREPARATION AND ADOPTION OF SCHEMES.

Now by virtue of s. 42 of the Housing, Town Planning, etc. Act, 1919, a local authority (that is a borough council, urban or rural district council, and, in London, the county council) may by resolution decide (a) to prepare a town planning scheme with reference to any land within or in the neighbourhood of their area in regard to which a scheme may be made; or (b) to adopt, with or without any modifications, any town planning scheme proposed by all or any of the owners of any land with respect to which the local authority are themselves authorised to prepare a scheme.

Land that may be comprised within scheme. It will be observed that the land to be embraced in a scheme must be "within or in the neighbourhood of the area" of the local authority. As respects any land in the county of London no other local authority than the London County Council may prepare a scheme, except with the consent of the county council (Housing, Town Planning, etc. Act, 1909, s. 55 (3)). As to the sort of land that may be utilised for the purposes of a scheme, see p. 3.

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If the resolution extends to land not within the area of the local authority, such resolution will not have effect until it is approved by the Minister of Health. The Minister, in giving his approval, may vary the extent of the land to be included within the area of the proposed scheme (Housing, Town Planning, etc. Act, 1919, s. 42).

If it is proposed that the scheme shall embrace land forming part of a common, open space, or allotment, regard should be had to the provisions of s. 73 of the Housing, Town Planning, etc. Act, 1909. See Chap. IV. p. 47.

Where any land proposed to be included in any scheme is situate within the prescribed distance from any of the royal palaces or parks, the local authority, before preparing the scheme, must communicate with the Commissioners of Works, and the Minister of Health, before confirming the scheme, is to take into consideration any recommendations he may receive from the Commissioners of Works with reference to the proposal (Housing, Town Planning, etc. Act, 1909, s. 74 (1)).

The distance was to be prescribed by regulations made by the Local Government Board after consultation with the Commissioners of Works (Housing, Town Planning, etc. Act, 1909, s. 74 (2)). By regulations dated 2nd September, 1910, the prescribed distance for the purposes of Windsor Castle, Windsor Great Park, and Windsor Home Park, is two miles, and in the case of any other royal palace or park, half a mile.

A clear distinction is to be drawn between land which may form the area of a scheme and land in that area which the responsible authority may purchase by agreement or be authorised to purchase compulsorily. The only limitations with respect to the former are indicated in the statutory provisions above stated. The land which the responsible authority may acquire is not, however, to include the site of an ancient monument or other object of archæological interest; and certain other classes of land may not be acquired compulsorily by the responsible authority for the purposes of a town planning scheme (Housing, Town Planning, etc. Act, 1909, ss. 45 and 60; and see Chap. VII. p. 66).