Caledonian Railway Company v Glasgow Corporation
| Jurisdiction | England & Wales |
| Judgment Date | 13 March 1907 |
| Docket Number | No. 4. |
| Date | 13 March 1907 |
| Court | House of Lords |
Ld. Chancellor (Loreburn), Lord Macnaghten, Ld. Robertson, Ld. Atkinson.
Police—Street—Building Regulations—Width of Street—Burgh—Glasgow Building Regulations Act, 1900 (63 and 64 Vict. cap. cl.), secs. 4, 9 (2), and 20.—
The Glasgow Building Regulations Act, 1900, sec. 9 (2), directs that a Register of Streets shall be prepared, in which, inter alia, the width of streets may be entered, and that any proprietor aggrieved by any entry in the Register may appeal to the Sheriff, whose decision shall be final.
Sec. 20 provides that the Dean of Guild shall not grant a warrant for the erection or re-erection of any building except on the condition that half of the width of such street shall be kept free from building, and that the width of a public street shall be the width set forth in the Register.
Certain streets adjoining property of the Caledonian Railway Company having been entered in the Register at a width which encroached on the property of the Company and thereby deprived them of their right to rebuild to the edge of their ground without compensation, the Company, who had appealed to the Sheriff, before their appeal had been considered, raised an action against the Corporation for declarator that the width of the street to be entered in the Register was the existing width, and for reduction of the entries in the Register.
The First Division, with three consulted Judges, held that the action, although not incompetent, was premature, and fell to be dismissed.
The Court at the same time expressed their opinion that in preparing the Register of Streets provided for by sec. 9 (2) of the Glasgow Building Regulations Act, 1900, ‘the width’ of streets when entered therein must be the actual width of the street at the various points in its course, and not an ideal width...
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