Chapter XVI: Obstructions in Streets

For convenience, I propose to treat in this chapter some subjects which, strictly speaking, do not come under the head of “obstructions,” but they are all questions which have to be considered by the town surveyor; temporary obstructions and other offences with which it is the province of the police to deal are omitted.

The following subjects will therefore be discussed:

(1.) Improving the line of frontages of streets.

(2.) Removing projections.

(3.) Doors and gates opening outwards.

(4.) Vault or cellar coverings.

(5.) Rain-water shutes and down-pipes.

(6.) Blinds or awnings over footpaths.

(7.) Trees over-hanging roadways.

(8.) Surface water from private premises running over footpaths.

(9.) Hoardings and scaffolds.

(10.) Dangerous buildings.

(1.) _Improving the Line of Frontages of Streets._--By the Towns Improvement Clauses Act 1847, certain powers were granted which enabled the commissioners to agree with owners of property to set back for the purpose of widening any street,[131] but this was often found to be difficult and wearisome of accomplishment, consequently in the Public Health Act 1875, the following important clause bearing upon this point was inserted.

“Where any house or building situated in any street in an urban district, or the front thereof, has been taken down in order to be rebuilt or altered, the urban authority may prescribe the line in which any house or building, or the front thereof, to be built or rebuilt in the same situation shall be erected, and such house or building or the front thereof shall be erected in accordance therewith. The urban authority shall pay or tender compensation to the owner or other person immediately interested in such house or building for any loss or damage he may sustain in consequence of his house or building being set back or forward, the amount of such compensation in case of dispute to be settled by arbitration in manner provided by this Act” (38 & 39 Vic. c. 55, s. 155).

This clause gives an excellent power to the sanitary authority, especially in older towns, to lay down improved building lines upon the plan of their town, and thus set back the line of buildings as opportunity offers.

In assessing the value of compensation to be paid to the owner for setting back his property, the following points should be considered:

(1.) The value of the area of the land given up to the public.

(2.) The loss of available and useful space to the premises.

(3.) If any use is made by the owner of the land given up to the public by constructing cellars underneath, the amount of compensation should be less.

(4.) The amount the owner will have to expend to make good the sides of the neighbouring premises thus exposed by his setting back must be considered.

A surveyor should be very careful to recollect if any building line has been laid down in any street when the plans of new buildings are deposited with him for approval. If these plans are approved without any notice being given to the owner to set back, it is questionable whether he can afterwards be called upon to do so.[132]

(2.) _Removing Projections of Buildings._--The Towns Improvement Clauses