PRIVATE STREETS

Evening Post, Volume CXII, Issue 107, 2 November 1926, Page 4

PRIVATE STREETS

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A PETONE PROBLEM

OPPOSITION TO CLOSING

Residents of the south-western area of Petono are, at present . much concorned at the action of Messrs. Odlin and; Co. in closing one of the "streets'1 in this district and in attempting to gain such control sver, others as will 1 eaablo them to close theso also. In the '■< past local bodies wore given by the ,' Legislature Such wide powers as they now possess, and many things were :.'■ done which to-day would not be per- * initted. : About 40 years ago a. man named Ryan secured from the Maoris a lease * of a block of land in the south-western j V corner of Petone, and, in defiauco of the ;■ local authority, put through tho block, ' from the Hutt road to tho Esplanade, a narrow street, which became known as ■■ Ryan street, 'i'lie street was never (ipprbved of. by the local authority, and was nev^r taken over aa either a street ';■ or even a right-of-way. In 1894 Mr. * James Gear, founder of tho present ; (Seal- Meat Company, acquired from the ' Maoris tho. lease of a block further east, .■;. which he subdivided,. laying "out the ■' streets known' as Armidale, Nevis, and ; Lochy, to a width of forty feet. He. '* was advised by. Mr. Ri C. Kirk, then: Mayor of Petone, to have the' streets i - made -voider, but ho refused, and tie > subdivision was approved with thl * streets shown ns rijhtu-of-way oaly. ;: With the exception of Armidale street * Mono of these streets was taken over '■ by the council, but remained private * stroets, tho property of the adjoining \ owners. Armidale street under special conditions was recently widened and '• put in order at the expense of the owner of the adjoining land, and is now ."..- a public street. Novis street extends ; from the Hutt road through to the Esi planade, and Lochy street is a blind *. cross street. Messrs. Odlin Company ■ have, within the laSt two years, r acquired land on each sido of Ryan -. street, and have'closed ■'his thorough- * fare. In the matter of this street tho I borough considers it has no power to act, the street not being in any way ; under its jurisdiction. -Messrs. Odlin i Company have also acquired the > land on one side of portions of both Nevis and Lochy' streets. After the ■ acquisition the firm approached the J ( council in regard to the closing of portions of these streets which, though not : public streets and not recognised by f the council, Were nevertheless in a dif- ; ferent position ,to Ryan street. Last ; session the council secured legislative - authority for the closing of portions of . these streets if it so desired. ;, The council then decided that, providing Messrs. Odlin Company met ; the legitimate claims of neighbouring owners, the street Would be closed and - Messrs. Odlin and Co. would be given : the opportunity of purchasing the land over which these portions of the streets run. The council proceeded by way of special' order to close the portions of ; the streets, giving opportunity before the order was confirmed of hearing all ; claims made. • ; The order should have been confirmed ■ t or otherwise last week,. but Was held oyer for further consideration until last night. In the meantime an organised meeting of protest was held, and last night ' one of the largest deputations ever .xeceived by the, Petone Borough Council ; was present ,in the Council, Chamber. The meeting was presides overtby the deputy Mayor (Councillor 6. Cook), and there were also present Councillors D. McCarthy, A., Scholefield,. E. N. . Campbell, W. H. Edwards, H. Jay, "V. Jacobson, and James Sharpe: Messrs. E. C. Kirk and,A. Harding, borough ". solicitors, were present, and Mr. A. B. Sievwright representing adjoining owners! Mr. R. C. Kirk, who in addition to being borough solicitor, is Ihoroughly conversant with the history of the borough, having, been Mayor for a long period during its early years, j,t the request of the Deputy Mayor, 'outlined the position as already stated, and said the question of negotiating with Messrs. Odlin and Co. with regard 1 settling the legitimate claims of neighbouring owners had been left in his hands, and as he was hot satisfied/that those negotiations had been satisfactorily completed he could not recommend the council to confirm the special order. (Loud applause from members of the deputation.) Councillor Jay: "If we leave things / as they are will M.jsrs. Odlin and Co. have to remove the railway line and obstructions from Nevis street?" Mr v R. C. Kirk: "Nevis street must, for the present, remain a 40ft right-of-way, and any adjoining owners hive rights of usagj over it." :. At this stage Mr. G. London representing the '■ deputation, having been given permission, said the deputation was grateful to Mr. Kirk for his clear exposition of the facts, but leaving things^as they were did not dispose of the trouble. The council should sense a great city in the Hutt Valley, and should see that adequate aproaehes *were given from the Esplanade. The closing of this and Ryan street would mean ,- that three-quarters of a mile would have to be traversed before another entrance was given to the town from the Esplanade. It was true that owing to their width- these streets could not be taken over, but the council should make them wide enough and then ,take them over. The council should at least give the members of the deputation a chance "to approach Parliament to make representations against the iniiUitious act which robbed them of their birthright." If the council.allowed the streets to be closed \he members would in the future so:- 1; -grot their action. The council should also insist, said Mr.. London, on Messrs. Odlin and Co. removing the obstructions from Eyan street. Mr. London then read the following resolutions passed at the protest meeting:— ' "(1) That this meeting of residents of Petone, held on Thursday, 28th October, 1926, „ . unanimously and emphatically protests at the action of the Petono Borough Council in consenting to the closing of any existing means of access from the Hutt road to v Esplanade.—This motion affects 3'yan street, Nevis street, and Loch/ street. "(2) That this meeting requests the Mayor and councillors to'suspend taking action to close Ryan, Lochy, and Nevis streets pending consideration, and protests to be presented to Parliament." Mr. A. B. Sievwright also spoke, contending that Ryan street had been approved by the council as a right-of-way (this was, however, definitely denied by Mr. E. C. Kirk)—but even if it was not approved by the council, he contended that a prescriptive right by tho resi- * dents to the use.of the street had been acquired by virtue, of its continuous use for forty years, and that the c.uncil should protest against its being closed. Personally, he had no doubt about tile council having right ofaction in the matter. O» the motion of the Deputy Mayor, seconded by Councillor Edwards, it was then decided that the special order be not confirmed. ■ Councillor Scholefield pointed out that the adjoining owners of land were not the only persons affected, but that the insurance premiums of all fci 'he neighbourhob'l had been raised owing to proximity of a timber yarfl. Councillor Jay desired to know why ' '~~**txoa,p£ Brotßßt genfc |g £he conn*

cil had not been sent to Pi\rlin"'ient, and in reply the Deputy Mayor stated that the petition was fo the cuuicil and tho council was under no obligation to send it to Parliament. '" Councillor Campbell gave notice to move at next . meeting of- the - mucil that thrco months' notice bo given the persons concerned before tho' council took any. further action to-close the street, and a further notice of motion that Messrs. Odlin and Co be given notice to clear the obstructions from Ryan street.