Young v. Hill [1902] ScotLR 39_415 (05 March 1902)

Young v. Hill [1902] ScotLR 39_415 (05 March 1902)

A room equipped with features such as a fireplace and window, and structurally adapted for habitation, is a 'habitable room' under the Act, regardless of the proprietor's stated intention for its use. Statutory requirements must be met based on the objective characteristics of the room as shown in the plans.

Citation
[1902] ScotLR 39_415
Parties
Appellant (master of Works): John Young; Respondent (petitioner/proprietor): Samuel Hill
Jurisdiction
Scotland
Judgment Date
05 March 1902
Procedural Posture
Appeal From Dean of Guild Court Decision / First Division, Inner House, Court of Session
Outcome
Appeal allowed; objections sustained; prior warrant recalled; case remitted for compliance with statutory requirements.
Legal Topics
Interpretation of 'habitable Room', Burgh Police (scotland) Act 1892 Compliance, Building Alterations, Statutory Construction
Administrative Law Local Government Law Building Regulations Interpretation of 'habitable Room' Burgh Police (scotland) Act 1892 Compliance Building Alterations Statutory Construction

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Parties

John Young

Appellant (master of Works)

Samuel Hill

Respondent (petitioner/proprietor)

Procedural Posture

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

Legal Issues

  1. 1 Whether the proposed attic room is a 'habitable room' under sections 172 and 173 of the Burgh Police (Scotland) Act 1892
  2. 2 Whether the intention of the proprietor regarding use is relevant to statutory compliance

Ratio Decidendi

A room equipped with features such as a fireplace and window, and structurally adapted for habitation, is a 'habitable room' under the Act, regardless of the proprietor's stated intention for its use. Statutory requirements must be met based on the objective characteristics of the room as shown in the plans.

Court Disposition

Appeal allowed; objections sustained; prior warrant recalled; case remitted for compliance with statutory requirements.

Orders

  • Finds the proposed attic room is a habitable attic room under section 172 of the Burgh Police (Scotland) Act 1892 and does not conform to the Act.
  • Recalls the interlocutor of 25th October 1901 granting warrant for alterations.