Making of new private streets

(1) Any person intending to make or lay out a new private street shall send to the municipal office a written application with plans and sections showing the following particulars, namely: --

1. (a) the intended level, direction and width of the street.
2. (b) the street alignment and the building line, and
3. (c) the arrangements to be made for levelling, paving, metalling, flagging, channeling, swearing, draining, conserving and lighting the street.

1. (2) The provisions of this Act and of any rules or bye-laws made thereunder as to the level and width of public streets and the height of buildings abutting thereon shall apply also in the case of streets referred to in sub-section (1); and all the particulars referred to in that sub-section shall be subject to approval by the council.
2. (3) Within sixty days after the receipt of any application under sub-section (1), the council shall either sanction the making of the street on such conditions as it may think fit, or disallow it, or ask for further information with respect to it.
3. (4) Such sanction may be refused.-
   • (i) if the proposed street would conflict with any arrangements which have been made, or which are in the opinion of the council likely to be made, for carrying out any general scheme for the laying out of streets, or
   • (ii) if the proposed street does not conform to the provisions of this Act and rules and bye-laws referred to in sub-section (2), or
   • (iii) if the proposed street is not designed so as to connect at one end with a street which is already open.
4. (5) (a) No person shall make or lay out any new private street without or otherwise than in conformity with the orders of the council.
   • (b) If further information is asked for, no steps shall be taken to make or lay out the street until orders have been passed upon receipt of such information: Provided that the passing of such order shall not in any case be delayed for more than sixty days after the council has received all the information which it considers necessary to enable it to deal finally with the said application. Any application not disallowed within a period of one hundred and twenty days from the date of its receipt in the municipal office shall be deemed to have been sanctioned.
     • • 268. Application of sections 257, 258 and 269 to private streets.- The provisions of sections 257, 258 and 259 shall apply, so far as may be, to private streets, including streets to be laid out and made under section 266 or section 267.
     • • 269. Alteration or demolition of street made in breach of section 267.- (1) If any person makes or lays out any street referred to in section 267 without or otherwise than in conformity with the orders of the council, the Commissioner may, whether or not the offender be prosecuted under this Act, by notice -
   • (a) require the offender to show sufficient cause, by a written statement signed by him and sent to the Commissioner on or before such day as may be specified in the notice, why such street should not be altered to the satisfaction of the Commissioner or if such alteration be impracticable, why such street should not be demolished, or
   • (b) require the offender to appear before the Commissioner either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice, and show cause as aforesaid.
5. (2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the Commissioner why such street should not be so altered or demolished, the Commissioner may pass an order directing the alteration or demolition of such street.