Summerlee Iron Co., Ltd v. Lindsay and Others [1908] ScotLR 563 (13 March 1908)

Summerlee Iron Co., Ltd v. Lindsay and Others [1908] ScotLR 563 (13 March 1908)

The Dean of Guild, on appeal under section 60(3) of the Glasgow Building Regulations Act 1900, must consider not only whether the Corporation acted capriciously or ultra vires, but also whether the proposed building would cause public detriment that particularly affects neighbouring proprietors. However, objections based on private legal rights are not relevant in this context. The Dean of Guild should decide such matters by summary procedure, using his own expertise, and not by formal proof unless warranted by specific, non-general averments.

Citation
[1908] ScotLR 563
Parties
Petitioner/appellant: Summerlee Iron Company, Limited; Respondents/objectors: Archibald Maclaren Lindsay, Robert Meldrum, and John Lumsden Oatts; Consenting Authority: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
13 March 1908
Procedural Posture
Appeal / Appeal From Interlocutor of Dean of Guild to Court of Session Inner House, First Division
Outcome
Interlocutor of the Dean of Guild recalled; case remitted to the Dean of Guild to pronounce judgment on whether there is any reason to interfere with the Corporation's consent, in accordance with summary procedure.
Legal Topics
Building Regulations, Appeal Procedure, Statutory Interpretation, Powers of Dean of Guild, Consent for Building Height, Procedural Fairness
Administrative Law Planning and Building Law Local Government Law Building Regulations Appeal Procedure Statutory Interpretation Powers of Dean of Guild Consent for Building Height +1 more

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Parties

Summerlee Iron Company, Limited

Petitioner/appellant

Archibald Maclaren Lindsay, Robert Meldrum, and John Lumsden Oatts

Respondents/objectors

Corporation of the City of Glasgow

Consenting Authority

Procedural Posture

Appeal / Appeal From Interlocutor of Dean of Guild to Court of Session Inner House, First Division

Legal Issues

  1. 1 What is the scope of the Dean of Guild's powers on appeal under section 60(3) of the Glasgow Building Regulations Act 1900?
  2. 2 Are objections to the Corporation's consent limited to capriciousness or ultra vires, or do they include practical detriment to neighbours?
  3. 3 What is the proper procedure for the Dean of Guild in considering such appeals?

Ratio Decidendi

The Dean of Guild, on appeal under section 60(3) of the Glasgow Building Regulations Act 1900, must consider not only whether the Corporation acted capriciously or ultra vires, but also whether the proposed building would cause public detriment that particularly affects neighbouring proprietors. However, objections based on private legal rights are not relevant in this context. The Dean of Guild should decide such matters by summary procedure, using his own expertise, and not by formal proof unless warranted by specific, non-general averments.

Court Disposition

Interlocutor of the Dean of Guild recalled; case remitted to the Dean of Guild to pronounce judgment on whether there is any reason to interfere with the Corporation's consent, in accordance with summary procedure.

Orders

  • Recall the interlocutor of the Dean of Guild dated 24 February 1908.
  • Remit to the Dean of Guild to pronounce judgment on the question whether there is any reason for interfering with the consent granted by the Corporation, proceeding in a summary manner.