Ruling Sought On Timing Of Compensation Claim

Press, Volume CIII, Issue 30536, 3 September 1964, Page 22

Ruling Sought On Timing Of Compensation Claim

“This is a very vital point and one important enough to state a case to the Land Valuation Court,” said the chairman of the North Canterbury Land Valuation Committee (Mr K. H. J. Headlfen, S.M.) yesterday, adjourning a claim by Gordon William Fairweather for

£24,402> compensation from the Christchurch City Council. The claim arises from a decision, of the council prohibiting i Fairweather from sub-dividing for housing, 20 acres of land near Christchurch .Airport. The aommittee (the chairman, ansi Messrs B. H. Tosswill and Mr T. S. Maskew) had bee n, asked by both counsel—Mr ,P. T. Mahon for Fairweather and Mr J. G. Leggat for the City Council—-to clarify Section 44 (6) of the Town and Country Planning Act and rule whether the claim hind been made “out of time.” The section states that compensation is payable only where the claimant has exercised his rights to object and appeal, and provided that the claim is made within 12 months after the date on which the prohibition becomes operative. Mr Mahon said the claim in question was lodged on April 11, 1960. A little less than 11 monlihs earlier—on May 20,1959—-the Town and Country Planning Appeal Board dismissed an appeal by Fairweather against the council’s prohibitiim which was dated July 21, 3958. It was from this latter date that Mr Mahon asked for compensation to be assessed. However, Mr Leggat submitted that if this date was the operative one, the hearing should proceed no further as the claim should have been lodged ’Within 12 months. Reference was made to a decision in a comparable case heard by* the Taranaki Land Valuation Committee which ruled that the operative date was whem the council’s original notice of prohibition was imposed. In his ©pening submissions, Mr Mabton said that Fairweather, a company director, owned Isind on the corner of HawthortHden road and Avon-

head road. In 1956 he instructed a surveyor to prepare a plan for subdividing the land, as at that time there was considerable bousing development in the area.

The scheme plan provided for 69 sections of a minimum size of 32 perches each and it was duly forwarded to the Lands and Surveys Department for approval. Mr Mahon said the question of restricting the development of land near the airport was being considered at the time Fairweather’s subdivision was being considered. Although the land was in the Waimairi County Council, the City Council—as controlling authority of the airport—had statutory powers to prohibit the subdivision.

As a result, the Waimairi County Council—in compliance with a request from the City Council—notified Fairweather in July 1958 that the subdivision was prohibited as it was in the path of aircraft approaching the airport In north-west conditions.