Confusion On Subdivision

Press, Volume CVI, Issue 31321, 17 March 1967, Page 12

Confusion On Subdivision

A letter from the Halswell County Council on November 22 which stopped work on the Willowbrook Estate subdivision was a “bombshell” to the subdivider, W. A. Merritt, Mr I. A. Pringle, solicitor to the company, told a meeting of the county council last evening.

A deputation from the company and its consulting engineers met the board and their submissions, and the ensuing discussion by the council when the deputation had left lasted nearly two hours. Mr Pringle said a great deal of money had been spent on reliance on information given by the council and its officers and the company had acted in good faith. It was felt that conditions to enable the approval of scheme plans had been complied with and the company had simply gone ahead. As a result of the council’s decision the scheme could be held up for perhaps three years—“a most unhappy state of affairs which might well have put the company into liquidation.” Mr G. Ogilvie, a consulting engineer, outlined work done on the scheme until work stopped on November 22. He said work was done in good faith and the council had been advised of what was being done. About £30,000 had been spent so far. When questioned by Cr. P. Wynn Williams about a resolution passed by the council at its September meeting, which stated, among other things, that the council had not yet approved of the scheme plans, members of the deputation said that they had no knowledge of it. A search of the council records showed that no letter regarding the resolution had been sent to the company or its advisers.

“This is a criticism of the professional advisers,” said Cr. Wynn Williams. “It staggers me that they have allowed work to go ahead knowing the plans had not been approved.” Mr Ogilvie said it was a calculated risk that was taken and had been taken on previous occasions. There were no engineering problems to prevent the subdivision. “The resolution passed in September was obviously not forwarded to the subdividers. We thought we had advised

them,” said the chairman (Mr J. Y. Pethig). “That has been the confusing factor,” said Cr. H. J. A. Lynch.

“If we have led them to think everything was all right I wonder if we have some moral responsibility,” said Cr. Wynn Williams. “We could perhaps have warned them a little more forcibly than we did.” “In view of all the circumstances 1 think we should go along with what the subdivider wants,” said Cr. Lynch. It was moved that the Medical Officer of Health be asked to report whether he was satisfied that the stormwater and sullage could be

satisfactorily disposed of if three out of four lots were built on. He was to be advised that septic tanks would not be permitted. “If the report is favourable then I think we should give the subdivider what is wanted, said Cr. Wynn Williams. Engineer Resigns.—The resignation of the County Engineer (Mr M. J. Clark) from April 30 was accepted with regret. £2OO Grant.—A finance committee recommendation that a further grant of £2OO be made to the Halswell Domain Board to be spent on the scout den and tennis pavilion as they were amenities on a public reserve, was approved. It was reported that £l2OO had

been spent on the scout den and £BOO was needed to finish the work. Bus Shelter.—The council approved a works committee recommendation that a bus shelter be erected on Halswell road near Dunbars road and that a contribution of £l2 from Midland Motorways be accepted. The council agreed to supply the rest of the necessary money. Building Permits. Nine building permits of a total value of £11,364 for the last month were issued by the council office. Two were for dwellings and the others were for sheds, garages, and additions.