TOWN PLANNING.

Auckland Star, Volume LXIX, Issue 99, 29 April 1938, Page 11

TOWN PLANNING.

NO SCHEME PREPARED

TIME LIMIT EXCEEDED

COURT TO DECIDE ISSUE

The failure of the Auckland Citv

Council to prepare and submit its townplanning scheme within the time limited by the Town Planning Act—January 1, 1937—was the subject of a letter received by the council last night from Messrs. Russell, McVeagh, Maeky and Barrowdough, on behalf of New Zealand Breweries, Ltd., who wrote in respect to their client's application for permission to erect a malthouse on property facing Seccombe's Road, which had been'declined bv the council.

The letter stated that owners of property in the city were seriously embarrassed by the council's failure in preparing and submitting ite scheme within the time limited by the Act. Their clients had therefore decided to test the right cf the council to invoke the provisions of section 34 of the Act under which it had declined the application to erect the malthouse. The letter concluded with the suggestion that the question should be determined by an originating summons under the Declaratory Judgments Act.

The city solicitor, Mr. J. Stanton, reporting to the council, said there would be no contention a* to the facts. The question affected .all municipalities that had not completed their town-planning schemes, which, he understood, comprised practically all of them. He suggested that the council might wish to approach other municipalities or the Municipal Association with a view to common action in clarifying the present position or in having the Act amended.

It was decided to agree to the suggestion for the determination of the point at issue by nn originating summons, and that the full facts be placed before the Municipal Association with a request that the association assist the council in connection with the action, either financially or in any other way.