Whyte v. Bruce [1900] ScotLR 37_614 (20 March 1900)

Whyte v. Bruce [1900] ScotLR 37_614 (20 March 1900)

Section 366 of the Glasgow Police Act 1866 does not apply to alterations or additions to existing buildings exceeding 6 feet in height which have existed without challenge for a number of years; it applies only to new erections. North Woodside Road remains a statute-labour road for the purposes of the Act, but the restrictive provision does not bar the respondent's proposed alterations.

Citation
[1900] ScotLR 37_614
Parties
Appellant (master of Works, Glasgow): John Whyte; Respondent (proprietor): John Wilson Bruce
Jurisdiction
Scotland
Judgment Date
20 March 1900
Procedural Posture
Appeal From Dean of Guild Court (building Warrant Objection) / Inner House, First Division, Court of Session (final Judgment)
Outcome
Appeal refused; judgment of Dean of Guild affirmed.
Legal Topics
Statutory Construction, Building Restrictions, Burgh Police, Statute Labour Roads, Alterations to Existing Buildings
Administrative Law Local Government Law Property Law Statutory Construction Building Restrictions Burgh Police Statute Labour Roads Alterations to Existing Buildings

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Parties

John Whyte

Appellant (master of Works, Glasgow)

John Wilson Bruce

Respondent (proprietor)

Procedural Posture

Appeal From Dean of Guild Court (building Warrant Objection) / Inner House, First Division, Court of Session (final Judgment)

Legal Issues

  1. 1 Whether North Woodside Road is a statute-labour road within the meaning of section 366 of the Glasgow Police Act 1866.
  2. 2 Whether section 366 prohibits the Dean of Guild from granting a warrant for alterations/additions to existing buildings exceeding 6 feet in height within 20 feet of the centre of a statute-labour road.

Ratio Decidendi

Section 366 of the Glasgow Police Act 1866 does not apply to alterations or additions to existing buildings exceeding 6 feet in height which have existed without challenge for a number of years; it applies only to new erections. North Woodside Road remains a statute-labour road for the purposes of the Act, but the restrictive provision does not bar the respondent's proposed alterations.

Court Disposition

Appeal refused; judgment of Dean of Guild affirmed.

Orders

  • Warrant granted to respondent to make alterations and erect additions as per plans, subject to tradesmanlike execution.
  • Master of Works liable to respondent for expenses caused by opposition.