The Glasgow Building Regulations Act 1900 provides for the preparation of a register of streets in which is to be set forth the ‘width’ of the street, and section 9 (2) ( c) enacts-‘Any proprietor who may be aggrieved by any entry in the register or omission therefrom . . may within the said period of two months appeal to the Sheriff against the same. The Sheriff shall after the expiry of the said period of two months deal with any such appeal in a summary manner, and may order any entry in the register . . to be deleted or altered . . and his decision shall be final.’
A proprietor deeming himself aggrieved inasmuch as the ‘width’ of the street opposite his property entered in the register was not the actually existing width of the street, brought an action of reduction of the entry while also appealing to the Sheriff.
Held, that the action of reduction, while competent, inasmuch as the proceedings complained of were ultra vires, must be dismissed as premature.
Judges:
Lord Chancellor ( Loreburn), Lord Macnaghten, Lord Robertson, and Lord Atkinson
Citations:
[1907] UKHL 392 – 1, 44 SLR 392 – 1
Links:
Jurisdiction:
Scotland
Land
Updated: 27 April 2022; Ref: scu.622279