Definitions of streets, highways and buildings

The law and best practice for the renaming of streets and buildings (December 2020) page 37

Act

Definition of a Street
and Commentary

Definition of a Highway
and Commentary

Definition of a Building and Commentary

The First Scheme

There are separate definitions under the 1847 Act and the 1875 Act. It is considered that the 1875 Act definition applies: “Street” includes any highway…and any public bridge, and any road lane footway square court alley or passage whether a thoroughfare or not

The 1847 Act definition of “street” does not include the term “highway”. It is considered that the 1875 Act definition of “street” applies, and this does include the term “highway”. There is no statutory definition of “highway” under the 1875 Act. All parts of the 1875 Act dealing with highways were repealed by the Highways Act 1959, this Act was subsequently consolidated into the Highways Act 1980.

Required to number “the houses and buildings in all or any of the streets”. The terms house and building are not further defined under the 1847 Act. However, under the 1875 Act a definition of “house” is included – “includes all schools, also factories and other buildings in which…persons are employed…” This is not an exhaustive list and consequently the definition is very wide.

1907 Act

It is considered that the 1875 Act definition applies: “Street” includes any highway…and any public bridge, and any road lane footway square court alley or passage whether a thoroughfare or not

It is considered that the 1875 Act definition of “street” applies, and this does include the term “highway”. There is no statutory definition of “highway” under the 1875 Act. All parts of the 1875 Act dealing with highways were repealed by the Highways Act 1959, this Act was subsequently consolidated into the Highways Act 1980.
N/A

1925 Act

It is considered that the 1875 Act definition applies: “Street” includes any highway…and any public bridge, and any road lane footway square court alley or passage whether a thoroughfare or not

It is considered that the 1875 Act definition of “street” applies, and this does include the term “highway”. There is no statutory definition of “highway” under the 1875 Act. All parts of the 1875 Act dealing with highways were repealed by the Highways Act 1959, this Act was subsequently consolidated into the Highways Act 1980.

N/A

1939 Act

It is considered that the definition in the London Building Act 1930 applies: “street” includes any highway road bridge lane mews footway square court alley passage whether a thoroughfare or not and part of any such highway road bridge lane mews footway square court alley or passage

The definition in the London Building Act 1930 of “street” applies and this includes “highway” in the definition: “street” includes any highway road bridge lane mews footway square court alley passage whether a thoroughfare or not and part of any such highway road bridge lane mews footway square court alley or passage

Empowered to number, name or number and name “any buildings in any street way place row of houses or block of buildings”.

The 1939 Act does not include any further definition. The London Building Act 1930 (construed as one with the 1939 Act) does not include a definition of “building” but does include definitions of:

“building of the warehouse class” – “means a warehouse manufactory, brewery or distillery or any other building exceeding in cubical extent2 one hundred and fifty thousand cubic feet which is neither a public building not a domestic building”;

“domestic building” – “includes a dwelling-house and any other building not being either a public building or a building of the warehouse class”;

“dwelling-house” – “means a building used or constructed or adapted to be used wholly or principally for human habitation”;

“public building” – “means

a building used or constructed or adapted to be used as a church chapel or other place of public worship or as a school college or place of instruction (not being merely a dwelling-house so used) or as a hospital workhouse public theatre public hall public concert-room public ball-room public lecture-room public library or public exhibition-room or as a public place of assembly or used or constructed or adapted to be used for any other public purpose; or

a building used or constructed or adapted to be used as an hotel lodging-house home refuge or shelter where the building extends to more than two hundred and fifty cubic feet or has sleeping accommodation for more than one hundred persons;

and includes the buildings and premises of the Stock Exchange within the city;”

Given the above are types of “building”, it is considered that the overall definition is very wide and is not just limited to those types outlined above.

Local Acts

Typically, the Local Act in question includes a definition of “street”.

The Local Acts examined do not include a statutory definition of “highway”. Those that define “street” by reference to the (now repealed) Highways Act 1959 would have benefited in applying that definition from the statutory definition under that Act of “highway”.

The Local Acts examined do not include a statutory definition of “building”.

Act	Definition of a Street and Commentary	Definition of a Highway and Commentary	Definition of a Building and Commentary
The First Scheme	There are separate definitions under the 1847 Act and the 1875 Act. It is considered that the 1875 Act definition applies: “Street” includes any highway…and any public bridge, and any road lane footway square court alley or passage whether a thoroughfare or not	The 1847 Act definition of “street” does not include the term “highway”. It is considered that the 1875 Act definition of “street” applies, and this does include the term “highway”. There is no statutory definition of “highway” under the 1875 Act. All parts of the 1875 Act dealing with highways were repealed by the Highways Act 1959, this Act was subsequently consolidated into the Highways Act 1980.	Required to number “the houses and buildings in all or any of the streets”. The terms house and building are not further defined under the 1847 Act. However, under the 1875 Act a definition of “house” is included – “includes all schools, also factories and other buildings in which…persons are employed…” This is not an exhaustive list and consequently the definition is very wide.
1907 Act	It is considered that the 1875 Act definition applies: “Street” includes any highway…and any public bridge, and any road lane footway square court alley or passage whether a thoroughfare or not	It is considered that the 1875 Act definition of “street” applies, and this does include the term “highway”. There is no statutory definition of “highway” under the 1875 Act. All parts of the 1875 Act dealing with highways were repealed by the Highways Act 1959, this Act was subsequently consolidated into the Highways Act 1980.	N/A
1925 Act	It is considered that the 1875 Act definition applies: “Street” includes any highway…and any public bridge, and any road lane footway square court alley or passage whether a thoroughfare or not	It is considered that the 1875 Act definition of “street” applies, and this does include the term “highway”. There is no statutory definition of “highway” under the 1875 Act. All parts of the 1875 Act dealing with highways were repealed by the Highways Act 1959, this Act was subsequently consolidated into the Highways Act 1980.	N/A
1939 Act	It is considered that the definition in the London Building Act 1930 applies: “street” includes any highway road bridge lane mews footway square court alley passage whether a thoroughfare or not and part of any such highway road bridge lane mews footway square court alley or passage	The definition in the London Building Act 1930 of “street” applies and this includes “highway” in the definition: “street” includes any highway road bridge lane mews footway square court alley passage whether a thoroughfare or not and part of any such highway road bridge lane mews footway square court alley or passage	Empowered to number, name or number and name “any buildings in any street way place row of houses or block of buildings”. The 1939 Act does not include any further definition. The London Building Act 1930 (construed as one with the 1939 Act) does not include a definition of “building” but does include definitions of: “building of the warehouse class” – “means a warehouse manufactory, brewery or distillery or any other building exceeding in cubical extent2 one hundred and fifty thousand cubic feet which is neither a public building not a domestic building”; “domestic building” – “includes a dwelling-house and any other building not being either a public building or a building of the warehouse class”; “dwelling-house” – “means a building used or constructed or adapted to be used wholly or principally for human habitation”; “public building” – “means a building used or constructed or adapted to be used as a church chapel or other place of public worship or as a school college or place of instruction (not being merely a dwelling-house so used) or as a hospital workhouse public theatre public hall public concert-room public ball-room public lecture-room public library or public exhibition-room or as a public place of assembly or used or constructed or adapted to be used for any other public purpose; or a building used or constructed or adapted to be used as an hotel lodging-house home refuge or shelter where the building extends to more than two hundred and fifty cubic feet or has sleeping accommodation for more than one hundred persons; and includes the buildings and premises of the Stock Exchange within the city;” Given the above are types of “building”, it is considered that the overall definition is very wide and is not just limited to those types outlined above.
Local Acts	Typically, the Local Act in question includes a definition of “street”.	The Local Acts examined do not include a statutory definition of “highway”. Those that define “street” by reference to the (now repealed) Highways Act 1959 would have benefited in applying that definition from the statutory definition under that Act of “highway”.	The Local Acts examined do not include a statutory definition of “building”.