NO REFUSAL POSSIBLE

Evening Star, Issue 21220, 29 September 1932, Page 2

NO REFUSAL POSSIBLE

APPLICATION FOR PETROL STATION PROTESTS FROM RESIDENTS The only Works Committee danse to stimulate any discussion at last night’s meeting of the City Council was one which concerned the granting of an application from a citizen to erect a service station on his own property at the corner of Kegent road and George street, the council eventually adopting the committee’s advice that no such application could be refused. The clause read:—“ As instructed by the council, the committee has given further consideration to the application of Mr 0. S. Wilson tor a, permit to erect a building for use as a petrol service station at the corner of Kegent road and George street. Several petitions have been received from residents and ratepayers living in the vicinity of the site, but after full consideration of the matter the committee is unable to see its way to alter its previous decision.”

Cr Mitchell (committee chairman) said that, according to the law, the council had no power to prevent a man from erecting a station on his property. Until they had a proper town-planning system they would not be able to meet requests that the application should not be granted. It was not considered an offensive trade, but all the same, •speaking from the personal standpoint, ho was opposed to the erection of another service station in that locality.

Cr Allen said he was quite seized with the fact that the council had no power to withhold the issue of a permit, hut he thought they should pay duo regard to the matter of public safety. The corner was a very small one, the spot being in close proximity to tbe tramlines. “ We have the right to say whether or not we will grant a crossing,’? continued Cr Allen. “ 1 hope the owner will he notified- that there will be some objection to the permit being granted on the grounds of public safety.” , Cr Begg said he regretted that the : committee had brought the clause forward in this way. yome consideration should be given to the desires of the residents. There were quite a number of stations almost within stone’s throw of the locality. The council might have made some further effort Cr Mitchell: In what way? Cr Begg; By refusing the application. The committee was not bold enough to take up that attitude. “ 1 think it is not too late yet.” The Mayor (Mr It. S. Black) said it was rather a pity that the committee could not have been a little holder and tackled the matter, even if it came to a law case. The time had conic to consider tho people. Fatalities had occurred near that spot, and another station was not really a necessity from tho public point of view. He did not even know the name of tho applicant and was not speaking with bias. It seemed to him that, while they could not refuse a permit to erect an ordinary building, they could refuse a permit for a petrol station. In tho north there had been cases where the difficulty had been overcome by making a charge for petrol stations‘of £100! In Auckland and Wellington he understood there was a charge of £SO. A Councillor; That was for a station on the street. The Mayor: Irrespective of townplanning, I think it would he a retrograde step to grant this permit. Even if it costs ns a few pounds we should test the matter out from tho legal viewpoint. Cr Clark: 1 sympathise with the people w 1 o object, but if one'looks info the position from the Works Committee’s point of view it will be seen that it it rcluses a permit tlie applicant can simply go on with the work. A Councillor; Without a permit? Cr Clark; Yes. If proceedings were taken under the by-laws there would probably be only a nominal penalty and the council might bo made to looi; very foolish. Unfortunately the committee had Jiad to realise that it was helpless on this point. Cr Allen: They can’t get a crossing without a permit. Cr M'ludoe; 1 think Cr Allen has pointed a way out. Cr Wilson ; If he wants a crossing all ho has to do is to go to the city engineer, put down a cheque, and ho can get it. t-mcli matters do not conic before the committee.

G’r Marlow thought it was ridiculous to expect the committee to take up a position that was illegal by refusipg tho permit. They had no right to refuse it, and had no option in those affairs until they had some form of town planning. Cr Shack lock said he understood that there had been a zoning scheme in Christchurch for tho past ten years. Gould they r. ;t have something similar here ?

Cr Wilson: Christchurch lias had it only three years.

Cr Mitchell: All T can say is that every point raised here to-night has been considered by tho committee, which was faced with the impossibility of _ being able to do anything within tho law. ,f I have tile greatest sympathy with the objectors, and J think it is a pity that we cannot stop tiie work/’ 'I ho Mayor; di there is an accidct there in the near future it will lie teresting to hear what will then lie said. dim clause was adopted.