Summerlee Iron Co., Ltd v. Lindsay and Others [1907] ScotLR 854 (12 July 1907)

Summerlee Iron Co., Ltd v. Lindsay and Others [1907] ScotLR 854 (12 July 1907)

Section 62 of the Glasgow Building Regulations Act 1900 applies to buildings abutting on two parallel streets, but it only determines the street by which height is measured; the restriction and the Corporation's dispensing power remain those of section 60. Neighbouring proprietors with an interest have title to object. The case is remitted to the Dean of Guild to determine if the Corporation's consent was knowingly given for a building abutting on two streets.

Citation
[1907] ScotLR 854
Parties
Petitioner/respondent: Summerlee Iron Company, Limited; Objectors/appellants: Archibald M'Laren Lindsay, Robert Meldrum, and John Lumsden Oatts
Jurisdiction
Scotland
Judgment Date
12 July 1907
Procedural Posture
Appeal (two Appeals: Decree of Lining and Review of Corporation's Consent) / Judgment on Appeal From Dean of Guild, Remitted for Further Consideration
Outcome
Interlocutors of the Dean of Guild recalled in hoc statu; case remitted for further consideration.
Legal Topics
Building Height Restrictions, Title to Object to Planning Decisions, Interpretation of Local Building Statutes, Dispensing Powers of Local Authorities
Administrative Law Property Law Local Government Law Planning and Building Regulations Building Height Restrictions Title to Object to Planning Decisions Interpretation of Local Building Statutes Dispensing Powers of Local Authorities

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Parties

Summerlee Iron Company, Limited

Petitioner/respondent

Archibald M'Laren Lindsay, Robert Meldrum, and John Lumsden Oatts

Objectors/appellants

Procedural Posture

Appeal (two Appeals: Decree of Lining and Review of Corporation's Consent) / Judgment on Appeal From Dean of Guild, Remitted for Further Consideration

Legal Issues

  1. 1 Whether section 62 of the Glasgow Building Regulations Act 1900 applies to buildings abutting on two parallel streets
  2. 2 Whether the Corporation has power to dispense with height restrictions under section 60 when section 62 applies
  3. 3 Whether neighbouring proprietors have title to object to proposed buildings under the Act

Ratio Decidendi

Section 62 of the Glasgow Building Regulations Act 1900 applies to buildings abutting on two parallel streets, but it only determines the street by which height is measured; the restriction and the Corporation's dispensing power remain those of section 60. Neighbouring proprietors with an interest have title to object. The case is remitted to the Dean of Guild to determine if the Corporation's consent was knowingly given for a building abutting on two streets.

Court Disposition

Interlocutors of the Dean of Guild recalled in hoc statu; case remitted for further consideration.

Orders

  • Recall the interlocutors of the Dean of Guild dated June 3, 1907, in both processes.
  • Remit to the Dean of Guild to consider whether the Corporation's consent was knowingly given for a building abutting on two streets under section 62.