Ireland v. The Lord Provost, Magistrates, and Council of The City of Edinburgh [1905] ScotLR 43_4 (25 October 1905)

Ireland v. The Lord Provost, Magistrates, and Council of The City of Edinburgh [1905] ScotLR 43_4 (25 October 1905)

Elliot Street is a side street under section 34(5) of the 1893 Act; the statutory proviso applies literally, permitting building height up to one and a half times the width of the street without Magistrates' sanction. The Dean of Guild's interpretation is correct and the appeal fails.

Citation
[1905] ScotLR 43_4
Parties
Petitioner/respondent: William Adamson Ireland; Respondents/appellants: The Lord Provost, Magistrates, and Council of The City of Edinburgh
Jurisdiction
Scotland
Judgment Date
25 October 1905
Procedural Posture
Appeal / Second Division, Court of Session, Post Dean of Guild Court Decision
Outcome
appeal dismissed; Dean of Guild's decision affirmed
Legal Topics
Height Restrictions, Side Street Definition, Statutory Interpretation
Municipal Law Property Law Building Regulations Height Restrictions Side Street Definition Statutory Interpretation

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Parties

William Adamson Ireland

Petitioner/respondent

The Lord Provost, Magistrates, and Council of The City of Edinburgh

Respondents/appellants

Procedural Posture

Appeal / Second Division, Court of Session, Post Dean of Guild Court Decision

Legal Issues

  1. 1 Whether Elliot Street qualifies as a 'side street' under the Edinburgh Improvement and Municipal and Police (Amendment) Act 1893, section 34(5)
  2. 2 Whether the sanction of the Magistrates and Council is required for building height exceeding street width in a side street

Ratio Decidendi

Elliot Street is a side street under section 34(5) of the 1893 Act; the statutory proviso applies literally, permitting building height up to one and a half times the width of the street without Magistrates' sanction. The Dean of Guild's interpretation is correct and the appeal fails.

Court Disposition

appeal dismissed; Dean of Guild's decision affirmed

Orders

  • Warrant granted to petitioner for building as per amended plans
  • No sanction of Magistrates and Council required for proposed height