Appeal Board settles dispute over access

Press, Volume CXI, Issue 32777, 30 November 1971, Page 11

Appeal Board settles dispute over access

A neighbour’s dispute over the possible use of a right-of-way by patrons of a proposed new block of motels at 336 Waimairi Road was settled on the spot by the No. 2\ Town and Country Planning! Appeal Board. Messrs J J- Weyenberg and M. A. Jackson (Mr C. H. Knight) objected to pro-: posals by Mr W. Waddell to build the motels, which had been given town planning approval by the City Council. Mr C. R. Hannan, for Mr Waddell, said that the objectors had plenty of time—from June 12 to July 14—to 1 consider lodging objections. Neither objector had appeared ' or objected at the City Council hearing. The objections had obviously been made in bad faith 1 and as a result of animosity, ' and were out of time. When ' the objections were lodged, Mr Waddell did not get a copy, as was required, and did not know the objectors were appearing until Thursday, and did not know of the 1 objections until August 25. Mr Waddell said that Mr Jackson owned the next door i property. He had three sons : over 20 years of age, one : using the section as an auto. ' wrecking yard and causing noise. He believed Mr Jack-i sons objection was unfounded and not made in good faith. Six weeks ago, said Mr Waddell, the Jacksons drove a car and boat trailer over his

newly-sown lawn, ruining it. I They continued to walk over| his land and this upset his wife. When she asked therrr ■ to stop, they just laughed. ’ "Last week, cars were ; parked on the right-of-way,! j: blocking the entrance, and when I asked a son to move [them he said he would get some of his mates to kick my head in,” said Mr Waddell. “I complained to the police.” Mr Harman said Mr Waddell would agree to a condition restricting use of the right-of-way to Bexley , Road to the property owners affected. Mr Knight said the two objectors had no quarrel with the motel scheme, but they were concerned with “the small matter of the access.” It became apparent to them that the right-of-way could have a lot more traffic from the motels and it was then that they realised they should object. Mr Knight said relationships between the parties were not relevant to the town-planning issues, and the son referred to was not an objector. . Messrs Jackson and Weyenberg said they had no particular animosity to Mr Waddell. When Mr Knight proceeded to call Mr Weyenberg to give evidence, the chairman (Mr K. O. Stephens) said there was little in dispute save the use of the access and the board would adjourn

Iso the parties could discuss |an agreement on it. ! After the adjournment, Mr Harman said agreement had ’been reached. The board then made an order approving of the motel application in terms of the City Council’s conditions, and stipulated that a sign should be put up on the right-of-way saying the motels entrance was from Wainoni Road, that a fence and gate be built across it with the sign "private exit,” and that the objectors should meet half the cost and Mr Waddell the other half.