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Belfast Corporation v Foster

Irish Law Times Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1940
Date01 January 1940
CourtRecorder’s Court (Northern Ireland)
(Rec. Ct., N.I.),
Belfast Corporation
and
Foster

- Piggery - Keeping of pigs - Local authority's bye-law - Fifteen feet from dwelling-house - Erection of new house within fifteen feet of piggery - Right to erect same -Infringement of bye-law - Approval of plans of new building by Corporation responsible for creating bye-law - Whether new building an alteration within the meaning of enabling Act -Public Health (Ir.) Act, 1878 (41 42 Vict., c. 52), s. 54 - Bye-laws for the Regulation of Piggeries, dated August 2nd, 1894 - Belfast Corporation Act, 1911 (1 2 Geo. V., c. 190), s. 71.

A piggery which, in accordance with certain local bye-laws, had been in use for some time outside the required limit of fifteen feet from any dwelling-house, was now found, owing to the erection of a dwelling-house upon adjoining property, to be within fifteen feet from that building. The new house had been erected upon a site which had been cleared of other house property. Held, the fact that a piggery was already in occupation of a certain position could not be used...

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