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THE LAW AND PRACTICE OF

TOWN PLANNING

THE

LAW AND PRACTICE

OF

TOWN PLANNING

BY

SYDNEY DAVEY, M.A., LL.B.

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW

AND

FRANCIS C. MINSHULL, LL.M.

CHIEF ASSISTANT SOLICITOR TO THE CORPORATION OF BIRMINGHAM

LONDON:

BUTTERWORTH & CO., BELL YARD, TEMPLE BAR.

SYDNEY:

CALCUTTA:

WINNIPEG:

BUTTERWORTH & CO. (AUSTRALIA), LTD.

BUTTERWORTH & CO. (INDIA), LTD.

BUTTERWORTH & CO. (CANADA), LTD.

WELLINGTON (N.Z.): BUTTERWORTH & CO. (AUSTRALIA), Ltd.

Printed in England

BY

WILLIAM CLOWES & SONS, LIMITED,

LONDON AND BECCLES.

7. 3 Williams kand fd.

ist. 1 Fed 17ed

11-13-29

THE

PREFACE.

HE object of this work has been to treat of the subject of town planning as comprehensively as is reasonably possible from a legal point of view.

The provisions in the statute book relating to town planning do not occupy a great space, nevertheless the subject is one of considerable magnitude. The reason of this is to be found in the fact that the Legislature has contented itself with stating generally what matters may be dealt with for the purpose of regulating the formation of new building areas, leaving it in the main to the Minister of Health and the Local Authorities concerned to formulate by means of a Scheme the actual provisions which are to govern the development of any particular area. It was no doubt originally contemplated, and indeed the necessary power was given by the Housing, Town Planning, etc. Act, 1909, that a set of general provisions, or separate sets adapted for areas of special character, should be prescribed by the Local Government Board (now succeeded by the Minister of Health) for the purpose of their insertion in all schemes. These general provisions were intended to be framed for carrying out the general objects of town planning schemes and, in particular, so far as the same concern streets and highways; buildings and other structures; open spaces; sewerage and drainage; lighting and water supply. When town planning schemes, however, actually came to be framed, the difficulty of making general provisions which should form part of every scheme doubtless became apparent; and, in fact, although fourteen years have now elapsed since such provisions were authorised b

T.P.

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