COMPENSATION CASE. FORESHORE AT ISLAND BAY.

Evening Post, Volume LXXVII, Issue 28, 3 February 1909, Page 2

COMPENSATION CASE. FORESHORE AT ISLAND BAY.

ADDITIONAL EVIDENCE. .After The Post wen*, to press yesterday, further evidence relating to the claims brought by George Henry Baylis, Michael George Phelan, George Willis Harvey, and Walter Whitehouse against the City Council for land taken at Island Bay for the purposes of a recreation ground was heard by the Compensation Court, which consists of Mr. Justice Chapman (President), Mr. J. C. M'Kerrow (assessor for the "claimants), and the Hon. T. K. Macdonald (assessor for the corporation). The amounts of the claims were : G. H. Baylis, £12,560 ,• M. G. Phelan, £lo65 ; W. Whitehouse, £900 ; and G. W. Harvey, £1122 ; grand total, £15,947. Mr. Gray (with him Mr. Weston) appeared on behalf of the claimants, and Mr. Morison (with him Mr. O'Shea) for the respondents. Alex. A. Gellatley, of the firm of J. H. Bethune and Co., gave evidence as to his valuation of the property under notice at £8960. The land was very accessible, and in witness's opinion quite worth while holding on to for some time for a purchaser. Cross-examined by Mr. Morison : Witness would not be prepared to advise clients to purchase the property without he first obtained the opinion of an engineer as to the necessary preparation of the land required for building purposes. Wm. John Miller, land salesman, Harcourt and Co., gave as his valuation of the property, with the exception of Harvey's (3), W nitehouse>s W> a " d Phelan's (1) sections, a sum of £7237 15s. William Alexander Thomson, of the firm of Thomson and Brown, auctioneers, Wellington, said he had made a valuation of the property. In his experience, land fronting the sea sold more easily than inland. Mr. Baylis's land was worth, in his opinion, from £4 10s to £5 per foot. He believed the land could be easily and successfully disposed of at the pries mentioned. Harry M'lntosh,- civil engineer, mentioned as his qualifications that ho was town engineer and consulting engineer to the Waverley, Balmain, and NorrJi Sydney Councils. Witness had superintended the building of the Bondi Sed, Baths, and additions to Bronte Baths, and also had drawn up plans for the Coogee Baths. TJhe Waverley Baths had returned 10 per cent, up to the time he left Sydney. Witness got a three months' option over 600 ft frontage at £3500 from Mr. Baylis. He had intended to build an hotel and sanatorium on the ground, and with that idea Phelan was approached to sell his section, but he refused. The spot was an ideal one for such a purpose as he wanted it. His option expired when a hoped-for principal was absent in Australia A renewal was being sought when the corporation intimated its intention to resume the land. Everard W. Seaton, civil engineer and licensed surveyor, Wellington, of twenty years' local standing, deposed to having made surveys of Mr. Baylis's property. He knew the Bay well in all weathers. On the 10th July, 1908, when there was a fierce southerly blowing and a heavy sea running— a sea which prevented boats from leaving Wellington Harbour — the boat harbour at Island Bay was perfectly calm. In regard to building on the land in question, a little filling, with a plain rubble wall at the back of it, would be ample protection against all weathers. Witness had tested the gravel area on the sections for sale, and a low estimate gave the quantity of gravel at 11,436 cubic yards. The gravel was of first-rate quality, and worth a royalty of 2s per yard. James E. Fulton, civil engineer, estimated the amount of shingle to be about 9680 cubic yards. It was'excellent material. As to the sections fronting the open sea, such certainly added to the value. J David James Mason, a resident of the Bay for eight years, and a fisherman for five years, said that it necessitated an extraordinarily heavy sea to materially agitate the boat harbour. The court adjourned until this morning. TO-DAY'S PROCEEDINGS. The hearing of the case was resumed to day at 11 o'clock in the Magistrate's Ccurt upstairs, when furthei evidence was called in support of the claims. Nicholas Fernandos, fish merchant, Wellington, said many years ago he was living pn Baylis's property, opposite the boat harbour. In his opinion the boat harbour was safe in any but exceptional weather. William Hurcomb, fishmonger, with fifteen years' experience of the bay, considered the boat harbour quite safe. He had never seen the water in heavy weather washing over the middle of the road. Wharves immediately adjacent and opposite the place many years ago were never attacked by the waves, so far as witness knew. To Mr. Justice Chapman : Witness had some business interest in certain boats at the time, and he gave no special instructions to his men as to the care of the \>oats at anchor during heavy weather, as he did not consider it necessary. Herbert Robert Henry, law clerk, deposed that he had bpen living in a whare on the foreshore at Island Bay for something like fifteen months. On 16th January, during the extremely tempestuous weather, there was an exceptional sea running, but no water invaded his cottage. Four hours after high water he noticed that there was no water on the road, though there were evidences that the sea had been very high. Joseph Patrick Frengley, District Health Officer, said that the septic tank site at Island Bay was placed in what he considered a suitable area. (Left sitting.)

Enquiries made locally among house agents go tc show that the demand for small houses in the city is as keen as ever, but it is stated the demand for larger classes of dwellings — six, seven, and eight rooms — has fallen off of late. In the suburbs houses, large and small, are not in so much request. This is attributed by agents to the fact that, under pressure of adverse circumstances, many of the working class have left the suburbs to save tram fares, and also to be nearer at hand to the centre of employment when looking for work. [t also appears that house agents are experiencing more difficulty than usual in collecting rents, and one of them stated to a Post "reporter that he had come across some distressing cases of hardship through unemployment. Further, it is stated that many more people than usuai- are economising by means of the practice of two families living in one house. Meanwhile the rents of the smaller houses in the city show no signs of going down, but in the ease of the larger houses one agent stated that a decrease had to be made to the extent of several shillings a week to get toriants for dwelling* which foriyerly could [ bo let auite easily