Shop work may be stopped

Press, Volume CX, Issue 32430, 17 October 1970, Page 1

Shop work may be stopped

The Waimairi County Council would probably serve a stop-work notice on the W. J. Turner family partnership in respect of the supermarket and shops being built for the partnership at 19-23 Memorial Avenue, said the county chairman (Mr D. B. Rich) yesterday.

In chambers in the Supreme Court yesterday afternoon, Mr Justice Wilson sealed his judgment, given on Monday, declaring void decisions of the Town and Country Planning Appeal Board which gave the partnership town-plan-ning approval to go ahead with the building. The plaintiffs were the Rev. J. C. Allison and Mr J. C. Marshall, a company director, who own adjoining properties. A lawyer connected with the case said yesterday that in view of the judgment, the county council now had “a large non-conforming use on its hands, and should take action to correct the position.” When this view was put to Mr Rich, he said: “I think council action would follow. We certainly would be in-

volved in further litigation if w<* did not take action. In the light of the Court’s judgment, the council will have to re-examine its responsibilities.” A council officer explained that the council, in issuing a building permit, had acted in good faith after the Town and Country Planning Appeal Board’s decision, and after conditions fixed by the board had been met. Mr J. T. Turner, a member of the partnership, was asked yesterday if the partnership intended to appeal against the judgment sealed yesterday. "No comment, but we cannot let matters rest,” he said. Work was proceeding on i the building yesterday. The i supermarket and shops were i to have opened on Novembet 3.