PETONE'S WEST END

Evening Post, Volume CXII, Issue 119, 16 November 1926, Page 3

PETONE'S WEST END

DISPUTED STREETS. At 11 o'clock last night the Petono Borough Council commenced a discussion about Ryan, Nevis, and Lochy streets, which have recently been brought prominently before the public through the action of Messrs. Odlin and Co. acquiring proparty in the vicinity and closing the streets, which never were taken over by the local authority. . The discussion cWsed at 1 a.m. The following opinion was read from Messrs. Kirk and Harding, the borough solicitors:— ■ ■ "Ryan street . . . we have to gay that the question of the council's standing in regard to Ryan street has frequently been discussed between ourselves, and we have no hesitation in saying that the council is without power to compel Messrs. Odhn and Co. to open Ryan street. , . . If anything can be done by anybody about the closing of Ryan street (a question upon which we preserve an entirely open mind) it will be because Ryan street is held to be a public highway at common law. The council no doubt understands quite clearly that such a roadway is not a street or a private street within the meaning of the Municipal Corporations Act. It is a piece of ground over which the public at large have, and each individual member of the public has, a right of passage. These are the only rights which subsist, and therefore are the on,ly rights that can be enforced. It follows that an action to enforce such rights can only be brought by a member or members of the public. ..." Notwithstanding that opinion, Councillor Campbell moved : ' "That this council instruct Messrs. Odlin and Co., Ltd., to remove all obstacles and restore Ryan street to its previous condition." Councillor Campbell said he did not agree with the solicitors' opinion, and that the council had every right to mako the domand. The public had used the street for thirtytwo years, and therefore had a prescriptive right to its use. The motion was lost, Councillors Campbell, Edwards, and Scholeh'eld voting for it, and Councillors Cook, Sharpe, Jacobson, and Jay against it. On the motion of Councillor Scholefield. seconded by Councillor Campbell, it was decided to obtain the opinion of Mr. Martin on the question. Councillor Scholefield moved a motion of frhieli he had given notice, and which has already been published, proposing an exchange of land between the company mul the council, to enable a street to be maintained. This motion Councillor Jay seconded pro forma. The question was very fully discussed, and finally Councillor Scholclielil, on the suggestion of the Deputy Mayor (Councillor Cook), agreed to hold tho matter over until Mr. Martin* opinion was obtained.