TOWN PLANNING BILL

Evening Star, Issue 19328, 14 August 1926, Page 3

TOWN PLANNING BILL

BETTERMENT CLAUSE CHANGED MEMBERS ASK FOB DELAY [From Due Paeuamentaky RilforieeJ WELLINGTON, August 13. Tho Lands Committee of tho House has considered tho Town Planning Bill, which it approves, subject to amendments. It has completely redrafted the betterment clause, which now provides that the amount of any betterment increase duo to the operation of a town-planning scheme shall be ascertained not by tho Valuer-General, but by a compensation court constituted under the Public Works Act. In determining the betterment, iho court may, in its discretion, include any prospective increase of value which, in its opinion, is likely to result from tho preparation of the scheme. In compensation court 'proceedings tho local body shall bo tho claimant and the landowner the respondent. Power is given the court to group claims and Lo determine relative interests in the land affected. The president of the court may, if ho thinks fit, stale a case for the decision of tho Supremo Court. Li order to avoid undue hardship, a compensation court may reduce the proportion of betterment increase to bo paid to a local authority, or it may extend the period of repayment. lixcept for this qualification, the committee has not altered the subclauso which’Stales'that one-half of the betterment increase shall bo a debt duo to tho local authority. DEMAND FOR DELAY. When tho report was submitted to tho House Mr Sidoy (Dunedin South) urged the Government, in view of tho far-reaching nature of tho proposals, to reprint the Bill as amended, and circulate it throughout the country among local bodies, which took a special interest in the matter. Tho Bill could bo allowed to stand over until next session.

In supporting this request, Mr Sullivan (Avon) said that Parliament delegated important powers to local bodies. It was unfair that such a Bill should be brought down and passed before tho local bodies had full opportunity of considering its effect. Ho was referring to the Town Planning Bill and also to the Local Bodies Loans Board Bill.

Mr Parry (Auckland East) gave another voice for postponement, in view of the proposal to seriously interfere with local bodies’ powers. Mr George Forbes (Leader of the National Party) said that, as a member of the Lauds Committee, ho realised the uccd for greater consideration by local bodies. Some of them had had experience of the betterment principle, but not one had had time to give evidence before the committee. ‘ 1 know the Prime Minister wants to maintain his reputation of getting things done/’ added Mr Forbes, “but things mav be done in haste which have to be undone.” The betterment principle waS not recognised in connection with bitumen roads, railway and tramway extension, or other improvements which added to property values. The Ministcr-in-Oharge of the Bill (Mr Bollard) made no comment on these speeches, and the committee’s report was received. SURVEYORS' CRITICISM REPLY BY MINISTER [Per United Press Association.] WELLINGTON, August 13. Comments made in Auckland at the animal conference of the New Zealand institute of Surveyors on the provisions of the Town Planning Bill now bclorc Parliament wore touched on by the Minister of Internal Affairs (Mr Bollard) to-day. Members of the institute described tne measure as “ fundamentally wrong in principle,” “childish in conception,” and “impossible of execution.” “ I will concede it to the Surveyors Institute Conference,” said Mr Bollard, “that its condemnation of the Bill is wholesale, but certainly it is not justifiable. Personally, I 'think that tho wrath of the surveyors has been stirred because the Bill docs not follow suggestions made in 1916 by tho president of the institute. I will (leal separately with the institute’s objections to the Bill as they were reported in the daily papers. In regard to the first objection—that local bodies appear to bo faced witli tho whole of _ the cost of the betterment schemes, it is somewhat hard to understand that opinion, as local bodies are not faced with the cost of tho betterment scheme, the betterment provision being inserted with the specific object of requiring owners of land whose properly benefits to pay half of the ascertained betterment to the local authority. Local authorities certainly have to bear the cast in the first place of a tov\n planning scheme, and it would be difficult to SCO who else could hear the cast; but tho betterment provision will help towards the payment of such cost. The institute" said there was no decentralisation provision in tho Bill. Apparently that is aimed at tho lact that there is only ono Town Planning Hoard proposed. Tho question of decentralisation was carefully considered; it was not, however, thought desirable at tho present stage to divide control, at all events until it was seen whether decentralisation was necessary. It may be added that it is quite realised, and is a matter for administration by the hoard, that reports will probably he necessary for the hoard’s information from officials and others in the Icon lily concerned; but obviously there is no necessity for legislation to provide for this.” Mr Bollard said there appeared to be some misconception on the part of the surveyors in holding that in the Bill there" was too much interference with the powers of the Municipal Corporations Act. “it will be observed,” ho pointed out “that tho Bill provides among other things, in addition to any powers conferred on it by the Municipal Corporations Act, 1920, or in any other Act, that a borough council shall have all such powers and authorities as may bo reasonably necessary to give full effect to any approved scheme; that if tho carrying out of a scheme conflicts with any limitations or conditions prescribed by any Act such provisions may bo. modified or .suspended by Order in Council, but the Order in" Council has to ho approved by both Houses of Parliament before coming into effect. Provision on similar lines is made in regard to county councils. It will thus be seen that, not only are no existing powers taken from local bodies, hub their powers axe largely increased.” Hefening to the statement that there was no appeal allowed a land owner except to tho Town Planning Board. The Minister said it was quite true that the Bill did not provide for appeal from the decision of the Town i i,,iming Hoard. “It must be recollected,” added Mr Bollard, “that the board consists primarily of experts, and obviously it is necessary that there must be some finality in regard to town planning schemes, and it would bo extremely difficult to get any finality if the decision of the board at any time could be upset. If a property is likely to be injuriously affected in consequence of the operation of a scheme, tho person concerned can apply for compensation, claims for which shall he made and determined within the time and manner provided by the Public Works Act”