PRIVATE STAND NEAR PARK

Press, Volume XCVIII, Issue 28920, 13 June 1959, Page 4

PRIVATE STAND NEAR PARK

Council Seeks Legal Advice “The Press" Special Service WELLINGTON, June 12. The Mt. Albert Borough Council has decided to ask its solicitor whether backyard grandstands on properties overlooking Eden Park can be classed as accessory buildings and. if so, whether they are private buildings, or public buildings and therefore required to be licensed. The council considered at its meeting letters in support of an application by Miss O. R. Furley, to build a private garage and grandstand to seat about 70 people on her property overlooking the park. Miss Furley proposed to erect the stand for the use of disabled soldiers and aged pensioners at no charge.

The Deputy-Mayor (Mr A. R. Turner) said the council should approach the application on the basis of whether the applicant intended to make a reasonable use of, residential property. Whether the stand was an accessory building. op something more than that, should be decided. 7‘JVIy own opinion is that it Is stretching the residential nature of a property a bit far” he said “Where a private property is thrown open to the general public it comes into something morejthan a reasonable use,” Mr T F. Hewitt said the stand could be classed as an accessory building, as it would be used by guests or friends. “I do not think.” he said, “we should take away the right of any person to invite anyone on. to his veranda, garden or on top of his garage.” He moved that the permit should be issued. Question of Liability . To a question whether the council would be liable if the building collapsed and people were injured, Mr Turner said he felt the council would not be legally liable but would probably be criticised for allowing the building to be erected. Mr J. R. Burfitt said the stand was an accessory building. “If I wanted to build a garage with a room on top for ping-pong or other games,” he said, “that would be an accessory building and I would be very annoyed if the council presented me from erecting it.”

Mr Turner moved an amendment that the borough solicitor should be asked for his opinion. The borough engineer (Mr W. E. Begbie) said that if permission was granted to one it would have to be granted to all. as everyone living along the boundary was bound to want their own grandstand. “They fee] very strongly about it,” he added.

The amendment to seek a legal opinion was carried by five votes to four.