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53
an area or other open space available for purposes of ventilation
measuring at least 40 superficial feet in extent and
having a distance across of not less than 5 feet, and
not covered in otherwise than by a grating or railing."
The Public Health Committee being bound by the strict
terms of the By-law, had no alternative but to decline to
pass the plans.
Thereupon the owners appealed to the County Council
under Section 41 of the Public Health (London) Act, which
provides—
"That any person aggrieved by any notice or act of a
Sanitary Authority under this section (i.e. Section 41) in
relation to any water closet .... may appeal to the
London County Council, whose decision shall be final."
The appeal was heard by a Committee of the London
County Council on the 17th May, with the result that the
appeal was dismissed.
If this case is to be taken as a precedent, it would
appear that the County Council will not support any deviation
from the strict letter of the By-law with regard to new
constructions.