United Kingdom House of Lords Decisions

Subject_Provisional Order — Burgh Extension — Expenses of Promoters where Proposal Refused — Authority to Charge Expenses on Burgh Rates. Headnote:

This Order was promoted by the Town Council of Falkirk, with the object of obtaining an extension of the burgh and authority to construct new sewage works and for other municipal purposes.

The main difference in the present Order from that put forward in 1911 by the same promoters (48 S.L.R. 1099) was a limitation of the proposed extension to 2248 acres instead of about 4400 acres as formerly proposed. The present scheme also included an improved drainage system.

This Order further provided that the expense incurred by the promoters in connection with the present Order, and also the unsuccessful Order of 1911, should be paid out of the burgh rates.

The Order was opposed by the various owners and occupiers of property in the area proposed to be taken into the burgh, and also by the County Council of Stirlingshire.

Evidence was led for the promoters, and also for the County Council of Stirlingshire and others, who appeared and objected.

At the conclusion thereof the Chairman intimated that on the question of extension the Commissioners were equally divided in opinion, and that in these circumstances he conceived it his duty to give his casting vote for the status quo.

The Commissioners accordingly held that the preamble had not been proved as regards the provisions for extension of the burgh, but they held it proved so far as it provided for charging the burgh rates with the expenses of promoting this Order and that of last year.

Clauses were subsequently adjusted authorising the Town Council to borrow money for the purpose of paying the expenses of both these Orders, repayment to be made from the burgh rates within a period of five years.