United Kingdom House of Lords Decisions

Subject_Provisional Order — Procedure — Locus — Extension of Time — Compulsory Acquisition of Property — Change of Circumstances. Headnote:

The Corporation of Glasgow promoted this Order, which was divided into seven parts. Part I was formal and preliminary. Part II sought increased power to assess by raising the restrictive limit ( a) of the parks assessment from 4 1 2d. to 7 1 2d., ( b) of the libraries assessment from 1 1 2d. to 3d., ( c) of the Municipal Buildings assessment from 1 1 2d. to 2 1 2d., ( d) of the public health assessment from 1s. to 2s., ( e) of the sewage assessment from 8d. to 10d. Part III sought increased power to borrow for police purposes £250,000, for roads and bridges £200,000, for tramways £700,000. Part IV gave effect to an agreement with the Clyde Navigation Trustees whereby the cross-river ferries were to become free. Part V, dealing with building regulations, gave the Corporation relief from any claims for the flooding of cellars below a certain level, and also power to make consequential corrections in the register of streets on a street being re-named. Part VI sought an extension of time for doing certain things authorised by the Corporation's Act of 1914, viz., the compulsory acquisition of land, the completion of certain street works, the completion of certain tramways, and also of certain bridges, the general effect being as if the time allowed were calculated from 7th August 1920 instead of 7th August 1914, the date of the passing of the 1914 Act. Part VII contained miscellaneous matters giving effect, inter alia, to an agreement for the acquisition of land in a catchment area of the city's water undertaking, and dealing with casual vacancies in the Corporation.

All the opposition had been withdrawn save that of the University Court of the University of Glasgow, and that opposition was limited to Part VI of the Order, the extension of time. Under the Corporation's Act of 1914 powers had been obtained to form a direct through route, with tramway, from the northern parts of the city to parts farther south and near the Clyde, across a bridge over the Kelvin. The route as designed passed through the grounds of Queen Margaret College, a part of Glasgow University devoted to the education of women, and the University were empowered under the Act to require the Corporation to take over the whole entity, or alternatively only a small portion of the grounds by diverting the new road.

The promoters challenged the objectors' locus on the ground that there was no change of circumstance; the position as existing and as contemplated at the earlier date had been borne out; a new method of assessing compensation enacted by a public general statute (Acquisition of Land Compensation Act 1919) could not be appealed to. The objectors maintained that there was a sufficient change to entitle them to appear in the facts that (1) there had been an uncontemplated increase in the number of students for whom provision must according to modern views be made; (2) economic considerations now made transfer and reinstatement impossible, and in considering such a point the necessity of extension and room for further extension in view of the increase of students must be a matter of moment; (3) in view of the previous two points the question of compensation, and its assessment, was sufficient.

The Commissioners intimated that they granted a locus, limited, however, to clause 20 of the Order, and that clause dealt only with compulsory purchase.

Counsel for the promoters intimated that they restricted clause 20 so as not to include lands the property of the University Court, and amendment to that effect was subsequently made.