Council Acted Wrongly, Says Appeal Board

Press, Volume CVII, Issue 31462, 31 August 1967, Page 15

Council Acted Wrongly, Says Appeal Board

Jurisdiction was declined by the Town and Country Planning appeal Board yesterday on an appeal by Kiwi Developments, Ltd., against a Christchurch City Council decision not to allow the company specified departure rights to establish a petrol station at Northcote road.

The chairman (Mr W. J. Kealy, S.M.) said the council sub-committee which heard the original application had acted improperly in subsequently receiving a report from the council’s townplanning officer (Mr K. M. Critchley) that was not made available to the other parties. “The legal effect is that there was no preliminary hearing,” said Mr Kealy. “When that has been heard, the parties will still have the right of appeal.” After the point had been raised by Mr D. J. Clark (for the appellant), Mr A. S. Hearn, for the council, said that there had been an oral report to the committees. In cases where a council handled a formal hearing, nothing should be considered

admissable that was not available for the comment of the other parties, said Mr Kealy.

“I have heard unofficially that a solicitor who acts for local bodies in the Auckland area has advised the councils to follow that procedure,” said Mr Kealy. "In this case, the council committee was expressly warned by Mr Clark.”

It was a case of a lay committee looking to its own town-planning officer for guidance and help, said Mr Hearn.

He was not suggesting that the council, intentionally, had done anything unfair, said Mr Kealy. But before the appeal could be heard, the board had t ■ be satisfied that the proper preliminary steps had been taken. Dismissed The board dismissed an appeal which, if granted, would have created another service station site on Hoon Hay road, near Rose street. Mi P. L. Mortlock, on behalf of himsel; and Mr L. J. H. Hensley, said they owned three acres and a quarter at 264 Hoon Hay road, adjoining three shops. They had applied to the City Council last November fo. a specified departure to build a petrol station. Permission was refused on February 22, on the ground that

a similar application had been granted for a service station in close proximity. Mr Mortlock said the land In question had not yet been sold to the successful applicants, and no work had been done on the site. He submitted that the board must compare the sites, and decide which was preferable.

Mr Mortlock said the owner of the adjoining land proposed to seek commercial zoning, thus making more than seven acres in the block.

Mr Critchley said there was no need for another service station site, as besides the one already granted, there was a garage 300 yards away. The new scheme would create a hazard at the corner of Rose street and Hoon Hay road and would enlarge a commercial spot zone. Mr M. F. Hobbs, for the successful applicants, Messrs D. T. Penrose and P. Buist, said that the issue of a building permit had been held up; but work would proceed as soon as the permit was granted.

“This application cannot properly be granted,” said the chairman. “In view of the lack of evidence by the applicants, and Mr Critchley’s evidence, there is no need to create another nonconforming use in the area.”