283
complications such as separate ownerships compensation, new buildings, existing public services and such like. No authority can cope with these difficulties unless endowed with suitable legal powers, which at present do not exist.
96. Town planning deals in the main with private property and the rights of vested interest are jealously guarded.
97. In any civilised community liberty of action cannot be allowed if such action is detrimental to the interests of the community as a whole. If a case has been made out for the clearance and replanning of slum areas some restrictions on rebuilding by private owners become essential. Private interests must be safe- guarded however and compensation paid for any legitimate losses incurred. In England, under the Town and Country Planning Act of 1932 compensation is payable when property is injuriously affected.
(1). By the coming into operation of a Town Planning Scheme (e.g., Loss
in value).
(2). By infringement or curtailment of owners' legal rights.
(3). By enforcement of powers to carry out a scheme.
(4). By incurrence of expenditure in carrying out a scheme.
98. Certain cases are specified in which the owner of property affected by a Town Planning Scheme is excluded from claiming compensation. They are:-
(1). Prescription of space about buildings.
(2). Limitation of number of buildings.
(3). Regulation of size, height design or external appearance of build-
ings.
(4). Prohibition or restriction of building operations only pending a general
development order.
(5). Prohibition or restriction of building operations permanently by reason situation or nature of land, if buildings thereon are likely to involve danger or injury to health or excessive cost in public services.
(6). Prohibition or restriction of use of land (other than by building opera- tions) likely to involve danger or injury to health or serious detriment to the neighbourhood.
(7). Restriction in use of building.
(8). Regulation of height and position of proposed fence, walls, hedges,
etc., near road corners or bends, in the interests of traffic safety.
(9). Limitation of number, or prescription of sites of new roads entering
on an existing or proposed classified road.
(10). Fixing of building lines on land not part of a building for five years
previous to material date.
(11). Provision of accommodation for loading and unloading or fuelling vehicles in buildings proposed to be used for business or industry in order to prevent obstruction of a highway.
Item 4 might be qualified by fixing a reasonable period of time during which restrictions can be imposed.
99. It is right that the legitimate interests of the individual should not be sacrificed to the good of the community without some compensation. It is equally right that, if by the act of the community through its elected representatives, the value of individual interests are greatly enhanced then the individual should refund at least a portion of his gains to the community. The Town and Country Planning Act in England provides for the payment of 75% of such gains.