Maguire v. Smith's Trustees [1911] ScotLR 393 (06 February 1911)

Maguire v. Smith's Trustees [1911] ScotLR 393 (06 February 1911)

A neighbouring proprietor has no title to object to proposed building works under section 38 of the Glasgow Building Regulations Act 1900 unless it is shown that their property will be prejudiced or injuriously affected; as the Dean of Guild found no such prejudice, the objection fails and the statutory restriction cannot be enforced by the objectors.

Citation
[1911] ScotLR 393
Parties
Petitioner: Most Reverend John Aloysius Maguire, Archbishop of Glasgow, trustee for the Roman Catholic Archdiocese of Glasgow; Respondents/objectors: William Smith and others, trustees of the late William Smith
Jurisdiction
Scotland
Judgment Date
06 February 1911
Procedural Posture
Appeal From Dean of Guild Decision / Final Judgment of Court of Session Inner House, First Division
Outcome
Appeal refused; Dean of Guild's decision affirmed.
Legal Topics
Building Regulations, Statutory Interpretation, Title to Object, Ventilation and Free Space, Dean of Guild Jurisdiction
Property Law Administrative Law Local Government Law Building Regulations Statutory Interpretation Title to Object Ventilation and Free Space Dean of Guild Jurisdiction

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Parties

Most Reverend John Aloysius Maguire, Archbishop of Glasgow, trustee for the Roman Catholic Archdiocese of Glasgow

Petitioner

William Smith and others, trustees of the late William Smith

Respondents/objectors

Procedural Posture

Appeal From Dean of Guild Decision / Final Judgment of Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether neighbouring proprietors have title and interest to object to proposed building works under section 38 of the Glasgow Building Regulations Act 1900
  2. 2 Whether the proposed building would prejudice or injuriously affect the objectors' property

Ratio Decidendi

A neighbouring proprietor has no title to object to proposed building works under section 38 of the Glasgow Building Regulations Act 1900 unless it is shown that their property will be prejudiced or injuriously affected; as the Dean of Guild found no such prejudice, the objection fails and the statutory restriction cannot be enforced by the objectors.

Court Disposition

Appeal refused; Dean of Guild's decision affirmed.

Orders

  • Refuse the appeal.
  • Remit to the Dean of Guild to grant the lining craved and proceed as accords.