Bryce v. Lindsay & Miller [1901] ScotLR 39_141 (28 November 1901)

Bryce v. Lindsay & Miller [1901] ScotLR 39_141 (28 November 1901)

Open space directly attached to proposed buildings, including ground within the same ownership and not necessarily immediately behind the buildings, may be counted towards the statutory requirement under section 170 of the Burgh Police (Scotland) Act 1892. The same open space can serve more than one building, and there is no statutory requirement that each building have its own exclusive open space.

Citation
[1901] ScotLR 39_141
Parties
Appellant (burgh Surveyor of Partick): John Bryce; Respondents (builders): John Lindsay and William Miller
Jurisdiction
Scotland
Judgment Date
28 November 1901
Procedural Posture
Appeal (dean of Guild Court Decision) / Judgment on Appeal
Outcome
Appeal dismissed; judgment of the Magistrates affirmed.
Legal Topics
Building Regulations, Burgh Police (scotland) Act 1892, Open Space Requirements, Dean of Guild Court Procedure
Administrative Law Property Law Local Government Law Building Regulations Burgh Police (scotland) Act 1892 Open Space Requirements Dean of Guild Court Procedure

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Parties

John Bryce

Appellant (burgh Surveyor of Partick)

John Lindsay and William Miller

Respondents (builders)

Procedural Posture

Appeal (dean of Guild Court Decision) / Judgment on Appeal

Legal Issues

  1. 1 Whether the proposed buildings complied with section 170 of the Burgh Police (Scotland) Act 1892 regarding open space for light and ventilation.
  2. 2 Whether open space not immediately behind the proposed buildings but within the same ownership could be counted towards statutory requirements.
  3. 3 Whether the same open space could be counted for more than one building.

Ratio Decidendi

Open space directly attached to proposed buildings, including ground within the same ownership and not necessarily immediately behind the buildings, may be counted towards the statutory requirement under section 170 of the Burgh Police (Scotland) Act 1892. The same open space can serve more than one building, and there is no statutory requirement that each building have its own exclusive open space.

Court Disposition

Appeal dismissed; judgment of the Magistrates affirmed.

Orders

  • Objections of the Burgh Surveyor repelled.
  • Lining for the proposed buildings granted as craved.