# Towns Improvement Clauses Act 1847, Section 59: If the commissioners fail to fix the level, the party may proceed without.


If the commissioners do not fix such level within six weeks from the time of the delivery of such notice as aforesaid, unless the fixing of such level be delayed by the appeal herein-after provided, the person giving such notice may proceed to lay out the street at any level which will allow of compliance with the other provisions of this and the special Act, as if such level had been fixed by the commissioners; and in such case every change of the level which the commissioners afterwards deem requisite, and the works consequent thereon, shall be made by the commissioners, and the expence thereof, and any damage which any person sustains in consequence of such alteration, shall be defrayed by them.

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Source: https://www.legislation.gov.uk/ukpga/Vict/10-11/34/section/59 (the official version)
Page: https://openlegislation.uk/towns-improvement-clauses-act-1847/section-59
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.