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29
I suggest that the concluding part of section 98 of 25 and 26 Vict., cap.
102, which provides that ways converted into streets shall be deemed to bo
" new streets," and be subject to all the provisions of the Metropolis
Management Acts as to paving, &c., relating to now streets, should be
insertod. The section in question is repealed by the Bill, but the provision
above-mentioned is not re-enacted.
Clause 6 specifies the grounds for refusal to sanction the conversion of a
way into a street.
Clause 7 empowers the Council to require that a new street shall be of a
greater width than 40 feet (but not exceeding 60 feet), on account of its
length or importance, or in consequence of its forming or being so situate
as to be likely to form part of an important line of communication, or for
other sufficient reason.
Clause 8 makes provision for an appeal against the decision of the Council.
Clause 9 provides that a new building or structure shall be set back the
prescribed distance (i.e., 20 feet in carriage roads and 10 feet in footways)
from the centre of the street, the measurement to be taken from the external
wall or fence. The Council may in certain cases determine that the prescribed
distance in carriage roads shall be greater than 20 feet, but not more
than 30 feet. The Council are empowered to consent to buildings, &c.,
being constructed at a less distance from the centre of the street in any case
where they think it expedient.
The clause does not provide for the space separating the building or fence
being added to the public way.
Clause 10 provides for notico being served by the Council to comply with
the preceding section.
Clauses 11 and 12 deal with the erection of houses, &c., at less than the
prescribed distance from the centre of ways net being highways.
Clause 13 re-enacts the provisions of section 74 of 25 and 26 Vict., cap.
102, to the effect that if a projecting building be taken down to the extent
of more than one half, the new building shall be set back, if required by the
Council, who are to compensate the owner. The new clause provides that
the Tribunal of Appeal, in assessing the compensation, shall take into consideration
any increased value or improvement which may accrue to the
building or other property of the same owner by reason of the setting back
of the building.
I suggest that the clause should be extended so as to provide for the space
in front of the building which is set back being added to the public way.
Clause 14 empowers the Council, in consenting to the plan of a new street
not within two miles of St. Paul's Cathedral, to require that beyond the full
width of the road a space not exceeding five feet shall be loft between the
footway and the external wall of any building there. Whore the building
is used as a dwelling house, this space may be enclosed ; where the building
is used wholly or in part for any purpose of retail trade, the space is to be
" dedicated to or left open for public use." The section also includes a
similar provision to meet the case of a building not erected for purposes of
retail trade being afterwards adapted to such purpose.
I suggest that the word " and " should be substituted for the word " or "
quoted above.