ORDER SET ASIDE

Dominion, Volume 18, Issue 191, 8 May 1924, Page 8

ORDER SET ASIDE

A COUNCIL’S UNREASONABLE REQUIREMENTS.

(BY TELEGRAPH.—PRESS ASSOCIATION.) Christchurch, May 7. A case of importance to propertyowners was decided in the Magistrate’s Court to-day. John Wesley Buddle lodged a complaint to have an order made bv the City Council requiring him to lower a fence set aside. His counsel, Mr. Wright, said that the council had made- an order requiring complainant to loiver a six-foot high corrugated iron fence 73 feet long at the corner of Papanui Road and Tomes Road to 5 feet, on the grounds that by its obstruction it was a danger to traffic. He submitted that the fence was not a danger, and that if such a drastic alteration was made it would be. an infringement on the rights of all property-owners. He urged that the order made by the City Council be set aside. Complainant said that the fence had been m its present position for 35 years. He objected lowering the fence, because it would interfere with his privacy. He knew of about twelve other fences at corners on Papanui Road which wore much worse than his own.

Air. Loughnan, who appeared for the Citv Council, said that the fence wjts a danger to vehicular traffic, in that its height prevented the drivers of vehicles from obtaining an unobstructed view of Papanui Road. There had recently been an accident at the corner, and it was thought that by lowering the fence accidents would be avoided.

The Magistrate said that the application was an unusual one. In his opinion the requirements made by the council w-ere unnecessary, as well as unreasonable, and he made an order that the order made by the council be set aside.