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23
even as Dr. Sykes points out, to an 'entresol' so long as
the whole is not more than 16 feet above the adjoining
pavement.
This, you will at once see, is a very serious state of
things, as, if it is allowed to continue, basements, at
any rate, and ground floors to a considerable extent,
will be built without proper means of access for fresh
air, and the whole of the drainage arrangements will
be included within the building, there being no proper
means for efficiently disconnecting the various wastepipes.
It may be thought perhaps that the by-laws of the
London County Council, made under Section 39 (1) of
the Public Health Act, 1891, and providing that every
water-closet shall be constructed with one of its sides,
at least, against an external wall, abutting 'immediately
upon the street, or upon a yard or garden, or open
space of not less than 100 square feet of superficial area,
measured horizontally at a point below the level of the
floor of such closet,' will suffice to prevent this entire
covering up of open spaces around houses; but this, in
my opinion, is not so. It cannot be for a moment
supposed that the Legislature intended that no watercloset
should be permitted on the basement floor (nor
even on the ground floor, except against the front wall)
of a dwelling house constructed according to the Building
Act of 1894, and I doubt very much if since the passing
of that Act the By-law I have quoted (and several others
also, for instance the one requiring soil-pipes to be
outside the house) could be enforced.
To ascertain this, however, it would be necessary to
consult some eminent Legal Authority, or even to get a
decision on a test case, and I think it desirable that the
attention of the London County Council should be called
to the matter without delay."