tion of land. Under it the following communities are required within three years of the promulgation of the present law to have planning schemes formulated and in force:

Every city of 10,000 inhabitants or over;

All the communes of the department of the Seine;

Cities of more than 5,000 and less than 10,000 inhabitants whose population has increased more than ten per cent in the interval between two consecutive quinquennial censuses;

Seaside and other pleasure and health resorts whose population, of whatever size, increases fifty per cent or more at certain seasons of the year;

Settlements, of whatever size, of a picturesque, artistic or historic character, listed as such by the departmental commission on natural sites and monuments;

Land or building developments by associations, corporations or individuals.

This scheme shall include:

I. A plan fixing the direction, width and character of highways to be laid out or modified, and the location, extent and plan of squares, public gardens, amusement grounds, parks and the various open spaces; and indicating the reserve lands, whether wooded or otherwise, and the sites of future public buildings, utilities and other services.

2. A program of the hygienic, archæological and æsthetic servitudes 35 to be created, as well as other conditions to which the scheme is to be subject, especially the open spaces to be preserved, the height of structures, the provisions for drinking water, sewers, the disposition of wastes, and, if necessary, the sanitation of the soil.

3. The draft of an order 36 of the mayor, made after consultation with the municipal council, fixing the application of the above measures to the plan and program.

When any settlement, of whatever size, has been totally or partially destroyed by war, fire, earthquake, or any other catastrophe, the municipality shall, within three months of the

** Known as easements in the common law of the English-speaking peoples. "Projet d'arrêté."

date of that event, draw up a general plan of building and street lines and grades of the part to be reconstructed, accompanied by an outline of a planning scheme. Until the plan of alignment and grades has been approved, nothing but temporary shelters shall be erected without the authority of the Prefect of the department given after consultation with the departmental planning commission provided for below.

The expenses of the required schemes and plans in the case of communities destroyed by catastrophe and those listed as picturesque, artistic or historic, shall be borne by the state; in other cases subventions may be granted in accordance with regulations to be drawn up by the state.

In each department there shall be created, for the guidance of the communes in their planning, a departmental planning commission composed of the local bodies in charge of hygiene, natural sites and monuments, and civic buildings, and four mayors appointed by the state. This commission shall, of its own motion, or on their demand, hear the delegates of the departmental societies of architecture, art, archæology, history, agriculture, commerce, industry and sport, the mayors of the cities or communes interested, and the representative of the transportation companies and the various utilities and services of the state.

The commission may add to its number reporters who shall be heard on the matters investigated by them. This commission shall give its advice with regard to:

I.

Schemes to be adopted by the municipalities.

2. Derogations from the general principles of planning laid down by the superior commission provided for below, necessary on account of special difficulties or local needs.

3. The æsthetic or hygenic servitudes incidental to the schemes submitted to it.

4. All other matters referred to it by the Prefect of the department.

At the Ministry of the Interior of the state there shall be created a superior planning commission of thirty members composed of senators, deputies, counsellors of state, directors of various state functions and delegates from state societies, etc., and four city planners, architects, or others specially qualified. This commission shall establish general planning rules and regulations and shall give its advice on all schemes considered on its own motion or referred to it by the Minister in charge of the Liberated Regions.

When a scheme has been drawn up it shall, after the advice of the sanitary authorities has been taken, be submitted to:

I.

Examination by the Municipal Council;

2. The usual "inquest" 37 preliminary to the declaration of public utility by the Council of State or other state authority as required in expropriations; at which all parties interested have the right to be heard, and objections are referred first to the Municipal Council and then to the Prefect for opinion and preliminary decision.

3. To the examination of the departmental planning commission.

The Municipal Council shall then give its decision on the matter as a whole; which shall thereupon go to the Council of State, where the town contains 10,000 inhabitants or more, otherwise to the Prefect for final action; approval taking the form of a declaration that the plan is of public utility.

If in any step in the planning the city does not act, the state is given power to do so, and an appropriate penalty is visited on the city. If a scheme interests more than one commune, or transcends the department, intercommunal or inter-departmental action and control are provided for.

Anyone creating or developing a group of houses is required first to deposit the plan with the authorities and obtain the approval of the Prefect of the department.

After a plan is declared of public utility, or in the case of private developments is approved by the Prefect, the owners of lands abutting on proposed highways or squares shall conform to the lines established and shall not erect new structures without a permit from the mayor.

"Public hearing.

Note H

THE ENGLISH AND FRENCH GENERAL PLANNING

LAWS

No. I

THE ENGLISH TOWN PLANNING ACTS, 1909 AND 1919

39

The first English town planning act was passed 1909 as Part II of the Housing, Town Planning, etc., Act, 1909," Part I of this act consisting of amendments to the mass of previous housing legislation codified in 1890 and subsequent housing laws up to 1909. In 1919 the Housing, Town Planning, etc., Act, 1919, was enacted. That act comprises a first part amending the housing laws of 18901909 and a second part amending the planning law. The housing legislation is now referred to as the Housing Acts, 1890 to 1919; and the planning legislation as the Town Planning Acts, 1909 and 1919," It is with the planning acts that this work is concerned. Part II of the act of 1909 as amended by the act of 1919, is therefore given in full with the exception of a few sections of no interest to the ordinary reader or student in this country, which are summarized. For the most part the housing law, closely connected with the planning provisions, but an important and voluminous subject in itself, is omitted, as is housing in general throughout this work. An exception, however, has been made of section 9.—(1) of the housing portion of the act of 1919, and the schedule relating to it, on account of its importance in the replanning of slum areas.

41

HOUSING, TOWN PLANNING, ETC., ACT, 1919

Provisions as to the Acquisition and Disposal of Land, etc.

SEC. 9. Provisions as Provisions as to Assessment of Compensation. (1) Where land included in any scheme made or to be made under Part I. or Part II. of the principal Act" (other than land included in such a scheme only for the purpose of making the scheme efficient and not on account of the sanitary condition of the premises thereon or

9 and 10 George V, ch. 35.

40 See sec. 52 of the act of 1919.

41

As a rule no effort is here made, for fear of confusing the reader, to distinguish between the text of the act of 1909, and that of 1919, the student wishing to do so, being referred to the original acts, which are readily accessible. For clearness, however, certain sections of the acts of 1909 and 1919 have been so designated.

I. e., the act of 1909.

of those premises being dangerous or prejudicial to health) is acquired compulsorily, the compensation to be paid for the land, including any buildings thereon, shall be the value at the time the valuation is made of the land as a site cleared of buildings and available for development in accordance with the requirements of the building byelaws for the time being in force in the district:

Provided that, if in the opinion of the Local Government Board it is necessary that provision should be made by the scheme for the re-housing of persons of the working classes on the land or part thereof when cleared, or that the land or a part thereof when cleared should be laid out as an open space, the compensation payable to all persons interested in any land included in the scheme (other than as aforesaid) for their respective interests therein shall be reduced by an amount ascertained in accordance with the rules set forth in the First Schedule to this Act.

FIRST SCHEDULE

Rules for Determining the Amount of Reduction of Compensation

(a) The value of the whole of the land included in the scheme shall first be ascertained on the basis of its value as a cleared site available for development in accordance with the requirements of the building byelaws in force in the district.

(b) The value of the whole of the said land shall next be ascertained on the basis of its value as a cleared site subject to the requirements of the scheme as to the provision to be made for the rehousing of persons of the working-classes or the laying out of open spaces on the land or any part thereof.

(c) The difference between the amounts ascertained under paragraph (a) and paragraph (b) shall then be computed.

(d) The amount by which the compensation payable for the respective interests in the land to which section 9.—(1) of this Act applies, as ascertained in accordance with the principle laid down in that section, is to be reduced shall be a fraction thereof equal to the amount arrived at under paragraph (c) when divided by the amount arrived at under paragraph (a).

TOWN PLANNING ACTS, 1909 AND 1919

54.-(1) Preparation and Approval of Town Planning Scheme. A town planning scheme may be made in accordance with the provisions of this Part of this Act as respects any land which is in course of development or appears likely to be used for building

This is the first section of Part II of the Act (of 1909). Part II is the town planning portion of the Act; Part I, with its fifty-three sections being devoted to housing.