M'Lelland v. Moncur

Subject_1 Police Subject_2 Street Subject_3 Width of New Streets Subject_4 Court forming Common Access — Burgh Police (Scotland) Act 1892 (55 and 56 Vict. cap. 55), secs. 152 and 4, sub-sec. 10.

In an application to a Dean of Guild Court for warrant to erect tenements of dwelling-houses, the plan showed that two of the tenements were entered from an open space of ground 15 feet wide belonging to the petitioner, and connected by a gate for foot-passengers with a proposed new street. This open space was bounded on the north by the tenements, and on the south by a piece of ground which belonged to another proprietor, and was unbuilt on and separated from the open space by a parapet wall and railing.

Held (1) that the open space was a court within the meaning of section 4, sub-section 10, and not a private court under sub-section 27; and (2) that in order to comply with section 152 the petitioner must increase its width to 36 feet on his own ground.

By section 170 of the Burgh Police (Scotland) Act 1892 it is enacted that “every building erected for the purpose of being used as a dwelling-house … shall have all the rooms sufficiently lighted and ventilated from an adjoining street, or other open space directly attached thereto, equal to at least three-fourths of the area to be occupied by the intended building.”

An application was made for warrant to erect buildings to be used as dwelling-houses, 41 feet in width, and with rooms lighted and ventilated from an open space of ground 15 feet in width belonging to the petitioner, and bounded on the north by the proposed buildings, and on the south by a piece of ground which belonged to another proprietor, Page: 189 ↓