Brown v. Young [1900] ScotLR 37_466 (21 February 1900)

Brown v. Young [1900] ScotLR 37_466 (21 February 1900)

Where a proposed building provides the statutory minimum open space for lighting and ventilation, as required by section 170 of the Burgh Police (Scotland) Act 1892, the Dean of Guild has no discretion to refuse a lining on the basis of potential future developments on adjoining properties or the character of the locality. The statutory requirement is satisfied by compliance with the specified area, regardless of other considerations.

Citation
[1900] ScotLR 37_466
Parties
Petitioner/appellant: William Brown; Respondent/objector: Christopher Young, Master of Works, Coatbridge
Jurisdiction
Scotland
Judgment Date
21 February 1900
Procedural Posture
Appeal From Dean of Guild Court Decision / Judgment on Appeal
Outcome
Appeal sustained; interlocutor of Dean of Guild recalled; case remitted to grant decree of lining except for south-east corner houses; petitioner awarded expenses of appeal.
Legal Topics
Building Regulations, Ventilation and Lighting Requirements, Statutory Interpretation, Local Authority Powers
Administrative Law Building Law Public Health Law Building Regulations Ventilation and Lighting Requirements Statutory Interpretation Local Authority Powers

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Parties

William Brown

Petitioner/appellant

Christopher Young, Master of Works, Coatbridge

Respondent/objector

Procedural Posture

Appeal From 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 lighting and ventilation.
  2. 2 Whether the Dean of Guild was entitled to refuse a lining based on potential future changes to adjoining properties.

Ratio Decidendi

Where a proposed building provides the statutory minimum open space for lighting and ventilation, as required by section 170 of the Burgh Police (Scotland) Act 1892, the Dean of Guild has no discretion to refuse a lining on the basis of potential future developments on adjoining properties or the character of the locality. The statutory requirement is satisfied by compliance with the specified area, regardless of other considerations.

Court Disposition

Appeal sustained; interlocutor of Dean of Guild recalled; case remitted to grant decree of lining except for south-east corner houses; petitioner awarded expenses of appeal.

Orders

  • Recall the interlocutor of the Dean of Guild of 5th October last.
  • Remit to the Dean of Guild to grant decree of lining as craved except as regards the two houses forming the south-east corner of the subjects.