Whyte v. Glass [1900] ScotLR 38_214 (20 December 1900)

Whyte v. Glass [1900] ScotLR 38_214 (20 December 1900)

Section 91 of the Turnpike Roads (Scotland) Act 1831 prohibits the erection of new buildings within 25 feet of the centre of a turnpike road, regardless of whether the site was previously occupied by buildings erected before the Act. The statutory language is universal and unqualified, and no exception exists for rebuilding on old sites. Section 366 of the Glasgow Police Act 1866 does not override this prohibition.

Citation
[1900] ScotLR 38_214
Parties
Respondent: Whyte; Appellant: Glass
Jurisdiction
Scotland
Judgment Date
20 December 1900
Procedural Posture
Appeal From Dean of Guild Court (glasgow) / Inner House, First Division, Court of Session
Outcome
Appeal sustained; Dean of Guild's interlocutor recalled; case remitted to Dean of Guild to apply statutory restriction.
Legal Topics
Building Regulation, Turnpike Roads, Statutory Interpretation, Urban Planning
Administrative Law Planning Law Local Government Law Building Regulation Turnpike Roads Statutory Interpretation Urban Planning

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Parties

Whyte

Respondent

Glass

Appellant

Procedural Posture

Appeal From Dean of Guild Court (glasgow) / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Does section 91 of the Turnpike Roads (Scotland) Act 1831 prohibit the erection of new buildings within 25 feet of the centre of a turnpike road, even if the site was previously occupied by buildings erected before the Act?
  2. 2 Does section 366 of the Glasgow Police Act 1866 allow for new buildings on previously built sites within the restricted distance?

Ratio Decidendi

Section 91 of the Turnpike Roads (Scotland) Act 1831 prohibits the erection of new buildings within 25 feet of the centre of a turnpike road, regardless of whether the site was previously occupied by buildings erected before the Act. The statutory language is universal and unqualified, and no exception exists for rebuilding on old sites. Section 366 of the Glasgow Police Act 1866 does not override this prohibition.

Court Disposition

Appeal sustained; Dean of Guild's interlocutor recalled; case remitted to Dean of Guild to apply statutory restriction.

Orders

  • Recall of Dean of Guild's interlocutor of 7 August 1900.
  • Remit to Dean of Guild to give effect to section 91 of the Turnpike Roads (Scotland) Act 1831.