M'Neill's Trustees v. Watson [1901] ScotLR 38_626 (30 May 1901)

M'Neill's Trustees v. Watson [1901] ScotLR 38_626 (30 May 1901)

The statutory requirement that any new street or court must be at least 36 feet wide applies to both the court and its entrance; a narrower entrance does not comply with section 152 and cannot be authorised.

Citation
[1901] ScotLR 38_626
Parties
Appellant: M'Neill's Trustees; Respondent: Watson
Jurisdiction
Scotland
Judgment Date
30 May 1901
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Building Regulations, Burgh Police (scotland) Act 1892, Width of Court, Street Access
Administrative Law Local Government Law Property Law Building Regulations Burgh Police (scotland) Act 1892 Width of Court Street Access

Case Brief

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Parties

M'Neill's Trustees

Appellant

Watson

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the entrance to a court must be at least 36 feet wide under section 152 of the Burgh Police (Scotland) Act 1892
  2. 2 Whether a combination of a lane and a court satisfies statutory requirements

Ratio Decidendi

The statutory requirement that any new street or court must be at least 36 feet wide applies to both the court and its entrance; a narrower entrance does not comply with section 152 and cannot be authorised.

Court Disposition

appeal dismissed

Orders

  • Refusal to grant warrant for erection of buildings as proposed
  • Confirmation that entrance width must comply with statutory minimum