PERMIT REFUSED.

New Zealand Herald, Volume LXVI, Issue 20365, 20 September 1929, Page 14

PERMIT REFUSED.

BACHELOR APARTMENTS.

COMPANY TAKING ACTION.

POWERS UNDER LEGISLATION.

"Wo intend to appeal to tho Town Planning Board and, if redress cannot be obtained from that quarter, wo ,aro prepared to seek a writ of mandamus from the Supreme Court," said Mr. J. Osburne Lilly, solicitor for the company which has planned the erection ol a block of "bachelor" apartments in Vincent Street, referring yesterday to the refusal of the Auckland City Council to grant a building permit. • Mr. Osburne Lilly said that the Town Planning Committee of the .City Council based its adverse recommendation to the council on section 34 of tho Town Planning Act, 1926, which read; "Whore at any time pending the preparation 'and approval of a town-planting scheme it appears to any local authority that any projected building or othei work intendod to be erected or undertaken within its district would not -conform 'to recognised and approved principles of town-planning, or would interfere with the amenities of the neighbourhood, the local authority may absolutely or conditionally refuse its consent to tho erection of such building or to tho carrying out of such work, or may definitely prohibit the same.''

Tho council refused to issue a permit solely on the ground, provided for in the Act, that the erection of tho building would "interfere with tho amenities of the neighbourhood," Mr. Osburne Lilly added. That ruling tho company was prepared to challenge, submitting that tho amenities of the neighbourhood would actually be improved. The Act provided that "any person injuriously affected by any determination of a , local authority under this section may appeal from that determination to the Town Planning Board, and tho determination of the Town Planning Board for. tho purposes of this section on any question relating to the principles of town-planning shall be conclusive and shall bind the local authority." "On the ground that wo havo been injuriously affected we propose to appeal to the Town Planning Board against the City. Council's decision," said Mr. Osburne Lilly, "and I have no doubt that the determination of tho Town Planning Board will bo in our favour, particularly as the director of town planning, when approached with reference to our case, said that he saw no good grounds for refusing a permit for one-roomed flats with adequate conveniences.' The word oneroomed is used, but each of our flats contains a living-room from I7£t. to 20ft. long by lift, broad, with a kitchenetto, dressing-room, bathroom and entrance hall attached. In Wellington a permit has been granted for the erection of a six or seven-storey building containing single-room apartments, while the Christchurch City Council has granted permission for the erection of a sevenstorey building, each floor containing two three-roomed apartments, three tworoomed apartments and two one-roomed apartments.

"I think that once the determination of the Town Planning Board is given on any particular point the local body is bound to act on it. In any case we would put in our plans and if a permit were not granted we would proceed with the erection of the building, leaving it for the council to take us to Court for a breach ol the by-laws."