ST. KILDA COUNCIL

Evening Star, Issue 17924, 21 March 1922, Page 2

ST. KILDA COUNCIL

Tho ordinary meeting of tho St. Kilda Borougli Council was held last night, and /was attended by tho■_ mayor (Mr J. W. ! Dove) and Ore 11. Telier, S. Gar-butt, M. H Scddon, J. Stenhouse, E. Loss, i. Carolin. ft. Mercer, J. 'Adam, E. Longworth, J. Ritchie. A BUILDING PERMIT.

Mr II W. Lauham-wrote, in reply to tho council's letter of February 22, stating that part of the letter was very evasive, as the council did not say what its decision was, and ho therefore again made a special application for a permit to carry out certain repairs to a building m Calder The Mayor ruled that tho application was out of order. It would be refused under by-law 205. It was finally resolved, that tho borougli solicitor's opinion bo obtained on tho sub3Clii referring to this matter, the Mayor stated that an application had been refused bv tho borough inspector. Iho owner had subsequently applied to tho council for a permit, and a motion grantin." the application had boon, ruled out of order by him, as to grant it would not bo complying with the by-law, as the proposed extension would be less than bit from tho boundary. The question that arose was : Was his ruling in accordance with tho standing orders, and in conformity with tho by-law. Further, what jurisdiction had tho council with regard to enforcing, modifying, or regulating any or every application put before it. Still further, bv what mode of procedure did the council exercise its authority. It was agreed to submit tho two first questions to tho borougli solicitors for their opinion.

RECENT BY-LAW CASE.

In connection with a case brought in the Magistrate's Court by tho council against a ratepayer for breaking tho bylaw regarding a building permit, tho borough solicitors wrote that, in view of tho dismissal of tho claim and to prevent any future misunderstanding, it was desirable that an addition to an existing building should bo so made'as to comply with tho by-laws. The case had been dismissed on the ground that the evidence had satisfied tho magistrate that the addition had been bona 'fide, and consequently came within tho exemptions covered hy paragraph 210 of the by-laws. No doubt the magistrate had been influenced by tho fact that \ permit had been granted by the late town clerk, and this naturally disposed him to hold that the work was within the by-law, and that the structure was a bicvclc shed, and not a workshop. It did not" follow that anyone who_ applied for a permit for' a similar addition in future would receive a permit. In the solicitor's opinion, when there was any doubt, a similar application should bo refused. A lengthv discussion followed. It extended even to the functions of the Health Department in connection with fowlhonscs and runs. No motion was proposed. One member at least of the council met with more than usual clemency at the hands of tho mayor, owing to his frequent transgressions of the rules of debate. The letter, presumably, was received.

OTHER BUSINESS.

Mr J. H. Hutton wrote asking for a rebate of rates on his property in Kennedy street. The house had been empty from June 30 last until February 14, and the rates amounted to £7 15s lid.—The request was declined. The Secretary of the St. Kikla Fire Brigade wrote applying for tho half-yearly grant now due—Granted. A letter was received from the secretary of the Otago Rugby Football Union offerin? the sum of" £8 8s for the use of Alexandra Park as a playing area for the winter season.—Agreed to.