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49
" abut" is taken in its usual sense. The word is derived
from the French abouter, the primitive meaning of which is
" to join end to end," that is, strictly speaking, nothing can
be said " to abut" unless it is at right angles, or directly
opposite. The architect, however, contended that since the
60 square feet was continuous with a much larger open
space than the 60 immediately opposite the external wall,
the bye-law was complied with.
The Public Health Committee on viewing the premises
did not consider this contention valid, and declined to pass
the deposited plans.
An appeal was lodged with the County Council against
this decision, and the matter was argued.
The Appeal Committee of the London County Council
have decided that the appeal should be allowed ; at the
same time the Chairman intimated that it was necessary to
alter the bye-law, and to prescribe a minimum width for the
space in question. An application by the Appellants for
costs was refused.
It is, therefore, quite obvious that since from this
decision there is, under the statute, no appeal, the bye-law
with regard to space, until a minimum width is prescribed,
is absolutely inoperative, for if in the construction of the word
" abut" the Committee have adopted any principle at all,
that principle must be that any space which is horizontally
continuous 'abuts;" in other words, with regard to an
isolated house, the front space abuts on the sides and back,
because the spaces are continuous— a manifest absurdity.
It is probably unfair to seek for logical principles, with regard
to the decision of a Court, of the constitution of the Appeal
Committee of the London County Council; such a Court
naturally enough looks at all the surrounding circumstances ;
in this particular case, the buildings were up, and it would
have been a greater punishment to the owner than the
offence deserved to have to pull them down and rebuild.
On the other hand, the Public Health Committee of this
borough had absolutely no choice than to refuse to pass
plans which they conscientiously believed did not comply
with bye-laws in reference to new and important blocks of