View report page

84
Chief Justice decided the case against the London County Council.
Fuller particulars respecting this interesting case are given below.
Drainage and Sewerage:—
Ellis v. London County Council.
During the course of this case certain very interesting facts
were brought out affecting this district in relation to the liability
of some of the low-lying land to flooding, and the decision of the
High Court of Justice in the matter seems to prove that the
existing Statutes and regulations do not prohibit the erection of
buildings, under certain circumstances, on this low-lying land.
The facts appear to have been as follows :—On January 28th,
1903, informations were laid on behalf of the London County
Council to the effect that between July 29th and November 30th
ten houses were erected by Ellis at the south of Cedar Grove,
Charlton. That they were otherwise than in accordance with the
provisions of the 11th part of the London Building Act, 1894,
that is, that he did, without the permission of the London
County Council, upon land of which the surface is below the level
of Trinity high-water mark, and which is so situated as not to
admit of draining by gravitation into a sewer of the said Council,
erect a building to be used wholly or in part as a dwelling-house.
The point was incidentally raised that the proceedings by the
London County Council were out of time, but this point was not
upheld. Before the buildings were commenced, the appellant was
warned by the District Surveyor that such buildings would be in
contravention of Part 11 of the Act referred to. The said
buildings are a row of 10 houses, having a continuous frontage
of 160 feet to the roadway. The level of the lowest floor of the
10 houses is 7 feet above Ordnance datum, and the land on which