FACTORY BUILDING

Auckland Star, Volume LXXVI, Issue 237, 6 October 1945, Page 7

FACTORY BUILDING

HOUSEHOLDER OBJECTS FAILURE OP COURT ACTION Objection raised by Ernest Fenton, confectioner, and owner of a property in Clovernook Road, in July to the City Council granting Dominion Motors, Ltd., a permit to put a £36,000 building on its property facing Mortimer Pass (on the Epsom side of Newmarket) was pursued in the Supreme Court yesterday in an application for writs against the City Council (Mr. Stanton) and Dominion Motors, Ltd. (Mr. Munro) to cancel the permit and restrain the building from being proceeded with. For Fenton, the plaintiff, Mr. Mackay said Fenton's property was wholly within the residential area under the City Council's townplanning scheme, and Dominion Motors property was partly in the residential and partly in the light industrial area. This scheme was before the Town Planning Board, but not yet approved. Effect of the completion of the building by Dominion Motors would be that a 30-foot wall would be on the boundary of plain-, tiff's property, obstructing the light from his premises, one of the things the Town Planning Act was designed ,to prevent. A start already had been made with the building. After Mr. Mackay had argued the Jega] obligations on the City Council in respect to all citizens, and Mr. Munro and Mr. Stanton had sub-

mitted that discretion was allowed public bodies in the interest of all citizens, his Honor dismissed the application. The council's townplanning scheme had not been approved and section 34 of the Town Planning Act gave the council discretion to alter or adjust its provisions. Plaintiff had failed' to satisfy him that the Court could venture to interfere with a matter entrusted to the council by section 34. Costs of £1J 17/ would be allowed to Dominion Motors, and of £12 12/ to the City Council.