Extensions to centre ‘unlawful’

Press, 4 April 1985, Page 5

Extensions to centre ‘unlawful’

The Waimairi District Council is having to investigate its powers of dispensation as a result of a recent High Court decision. Mr Justice Holland ruled last month that the council had unlawfully granted planning consent in late 1982 for the extension of an Avonhead shopping centre. He ruled that the council was not empowered to grant a dispensation to extend the centre without provision of the full carparking requirement specified in the council’s District Scheme. A neighbouring resident filed a writ against the council’s decision in August, 1983. One of the main objections of the complainant, Dr Alan Nicholson, was that the council granted dispensations to the District Scheme to enable the centre’s extension, but without notifying the public. , The council’s district planner, Mr D. D. Hinman, told the town-planning committee yesterday that Mr Justice Holland virtually ignored the local aspects of the case and concentrated on the basic legal issue of

whether the council had the power to make dispensations in terms of the Operative Scheme. His ruling was based on the decision of the Chief Justice in the case of Donald Design, Ltd, and Wellington City Council v. Black, of June last year. This established that the dispensation provisions in many planning schemes did not, in fact, accord with the Town and Country Planning Act. In this particular case the extension was completed before the June decision, said Mr Hinman. The committee’s chairman, Mr B. R. Shackel, said that councils throughout New Zealand were having to check that their powers of dispensation and waivers were defined within their district schemes. Waimairi’s council staff were reconsidering aspects of the reviewed District Scheme to ensure that the same problem did not recur. Railway deviation If the proposed SockburnStyx railway deviation was to be abandoned, the council

should consider improving the existing railway levelcrossings, said Cr R. W. Skjellerup. In several cases, the approaches to the crossings were very suspect and potentially hazardous, he said. The Railways Corporation recently advised the council of its proposal to abandon the Sockburn-Styx line and has asked for comment. In a report to the committee, Mr Hinman said that the corporation saw no need for the deviation. Mr Hinman recommended that the council concentrate on improvements to the existing lines and the planning implications of land along the route of the deviation. About 85 per cent of the land along the route was owned by the corporation and would now probably be disposed of, said Mr Hinman. Some of it, particularly the land behind the old Waimariri rubbish dump and alongside Harewood Park, could be useful to the council, he said.

If the proposed line is

abandoned the land may be rezoned. If the deviation was abandoned, the council could consider improving the crossings on the existing Main North line, said Mr Hinman. The council would also have to amend its District Scheme accordingly. All affected people would notified of the removal of the designation, but there was ho opportunity for public objection. If the council or community had any points to raise they would have to do it now, said Mr Hinman. The committee will recommend that the council appoint a sub-committee to discuss the implications of the abandonment, and also the disposal of land along the route, with the Railways Corporation. Truck stop Truck-drivers in the South Island may soon have their own overnight and refreshment stop on the outskirts

of metropolitan Christchurch. The council has approved the application to build and run a truck-stop facility at the north-western corner of Sawyers Arms Road and Johns Road. The proposed stop will cater for commercial and rural transport operators, and is based on a similar truck stop in Taupo. As well as offering workshop, and fuelling facilities, for both diesel and L.P.G.powered vehicles, it will provide truck-drivers with a restaurant, takeaway bar, and basic overnight accommodation. The council has ensured that the truck stop does not become a general service station and food-stop. Building permits Building activity in Waimairi has remained relatively constant over the last two years. The number of permits issued in the year ended March 31, 1985, was 200 less

than the 2458 issued the previous year, but the actual value of the buildings increased. Last year about $50.5 million was spent on buildings, almost $2 million more than the previous year. Of the permits issued last year, 337 were for new dwellings valued at more than $24 million. One-third of these were for the Styx riding, and valued at $7 million. More than 400 dwellings were completed last year compared with 265 the previous year. More than one fifth of the total building costs has or is being spent on non-domestic buildings in Fendalton riding. More than $9 million was spent on buildings in the Wairakei and Avonhead ridings, more than half of it, in both ridings, going towards new dwellings. The average value of dwellings in Waimairi has increased $4500 over the last year, taking it to $72,903.