74 Power to prescribe a building line

74  Power to prescribe a building line

(1)     Subject to the provisions of this section, a highway authority may prescribe, in relation to either one side or both sides of a highway maintainable at the public expense for which they are the highway authority, a frontage line for building (in this section referred to as a “building line”).

(2)     Where a building line prescribed under this section in relation to any highway is in force, no new building, other than a boundary wall or fence, shall be erected, and no permanent excavation below the level of the highway shall be made, nearer to the centre line of the highway than the building line, except with the consent of the authority who prescribed the line; and the authority may give a consent for such period and subject to such conditions as they deem expedient.

(3)     The prohibition imposed by subsection (2) above does not affect any right of light railway, tramway, electricity, gas [water undertakers or sewerage undertakers] to make an excavation for the purpose of laying, altering, maintaining or renewing any main [sewer], pipe, electric line, duct or other apparatus.

(4)     A condition imposed in connection with the giving of a

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