The Glengarnock Iron and Steel Co., Ltd, and Another v. M'Gregor and Others [1904] ScotLR 41_727 (07 July 1904)

The Glengarnock Iron and Steel Co., Ltd, and Another v. M'Gregor and Others [1904] ScotLR 41_727 (07 July 1904)

Areas with few or no dwelling-houses and low population density, such as mansion-house, offices, policies, large tracts of waste ground, and foreshore below high-water mark, do not satisfy statutory requirements for inclusion in a police burgh. Inclusion based solely on water, drainage, or lighting district boundaries is insufficient. Only areas forming part of the town with sufficient population and dwelling-houses, or required for reasonable extension, should be included.

Citation
[1904] ScotLR 41_727
Parties
Petitioner: The Glengarnock Iron and Steel Company, Limited; Petitioner: Captain Cuninghame of Auchenharvie; Respondent: Alexander M'Gregor and Others; Respondent: County Council of Ayrshire and Northern District Committee
Jurisdiction
Scotland
Judgment Date
07 July 1904
Procedural Posture
Petition Under Burgh Police (scotland) Act 1892, Section 13 / Appeal From Sheriff Court to Court of Session
Outcome
Deliverance of the Sheriff recalled; boundaries redefined; some areas excluded from burgh; expenses awarded to Captain Cuninghame in Court of Session.
Legal Topics
Formation of Police Burgh, Fixing of Boundaries, Burgh Police (scotland) Act 1892, Assessment and Rating, Urban Vs Rural Classification
Local Government Administrative Law Formation of Police Burgh Fixing of Boundaries Burgh Police (scotland) Act 1892 Assessment and Rating Urban Vs Rural Classification

Case Brief

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Parties

The Glengarnock Iron and Steel Company, Limited

Petitioner

Captain Cuninghame of Auchenharvie

Petitioner

Alexander M'Gregor and Others

Respondent

County Council of Ayrshire and Northern District Committee

Respondent

Procedural Posture

Petition Under Burgh Police (scotland) Act 1892, Section 13 / Appeal From Sheriff Court to Court of Session

Legal Issues

  1. 1 Whether areas with few or no dwelling-houses and low population density should be included in a police burgh
  2. 2 Whether inclusion of areas based on water, drainage, lighting districts is permissible under the statute
  3. 3 Whether mansion-house, offices, policies, waste ground, foreshore, and undersea minerals should be included in burgh boundaries

Ratio Decidendi

Areas with few or no dwelling-houses and low population density, such as mansion-house, offices, policies, large tracts of waste ground, and foreshore below high-water mark, do not satisfy statutory requirements for inclusion in a police burgh. Inclusion based solely on water, drainage, or lighting district boundaries is insufficient. Only areas forming part of the town with sufficient population and dwelling-houses, or required for reasonable extension, should be included.

Court Disposition

Deliverance of the Sheriff recalled; boundaries redefined; some areas excluded from burgh; expenses awarded to Captain Cuninghame in Court of Session.

Orders

  • Mansion-house, offices, and policies of Auchenharvie excluded from burgh.
  • Large tract of waste ground south of railway excluded from burgh.