TOWN-PLANNING LAW.

New Zealand Herald, Volume LXVII, Issue 20655, 29 August 1930, Page 8

TOWN-PLANNING LAW.

ZONING ANOMALIES. OLD TRAM SITE. LOTS "RESIDENTIAL ONLY." The Transport Board lias accepted tho fiat of the Town-planning Committee o! the City Council that the north side of Jcrvois Road must be us«hl for residential purposes only, arid its agents, Messrs., Palethorpe and Parkes, will offer at auction in two weeks' time under this restriction the sections into which the tramway depot site has been divided. The effect of the restriction is estimated to re. duce the value of the three corner sites, if not more, by at least one-third. Already the restriction has interfered with ordinary private lights, a sale of a vacant section on tlie north side of Jcrvois Road having fallen through on that account. In the case of the Transport Board's property, the ratepayers must suffer the consequences of the Townplanning Committee's decision, and it has been suggested by property owners v.-lio Bee it in both communistic and monopolistic dangers that the Transport Board should have appealed to test the ruling. Limiting Shop-building. Briefly, the Town-planning Committer has acted upoji the assumption iti is within its province to regulate the amount of shop-building in any neighbourhood. One shop to 20 dwellings is the standard proportion, although who fixed this standard no one knows. On this basis it is proceeding with its zoning plans under the Town-planning Act, 1926* The idea is to "consolidate existing ten* dencies," and, as the report of the engineer to the City Council pointed out, to conform to the best principles of town* planning, business zones should occupy; both sides of a street and be as nearly; as possible opposite one another.

In the case of Jervois Road, in whicK the tramway depot site is situated, busi« ness premises are mainly on the south! side. For a distance from the Thro® Lamps they are continuous. Then they are scattered among residences, and foe. several blocks, one of ■which is directly opposite the depot site, they are again continuous. To conform to' the best principles would therefore mean, in the opinion of the engineer, whose judgment tlia committee has adopted, "the virtual defeat of the object of zoning." Departure from Principle. "Further," stated the report, "we are dealing with an almost fully developed area. On the southern side of Jervois Road there are no less than 17 vacant lots included in approved shop subdivisions, together with ten ordinary building lots containing wooden residences, all situated at intervals in the existing shopping centre. The proposed zoning which includes these unavoidably provides for shops 31.5 per cent, in excess of ultimate requirements based on the shops at present occupied. In view of these facts I am of the opinion the abovementioned principle cannot be applied and that the whole of the north side of Jervois Road, west of Curran Street, should be reserved as residential."

Tliis opinion was endorsed by (lie Townplanning Committee of the City Council.The agents of the Transport Board have made representations to the committee to modify the ruling to the extent of allowing three sections at the corner of Jervois Road and Wallace Street, with a total frontage of about 120 ft.. to be used as business sites, but without result. It should be mentioned that residential buildings of two storeys will be permitted on the south side of Jervois Road, bub that fact does not offer any compensation to owners of vacant land, who now musft face a definite loss. Directly Opposite ShopsMr. Palethorpe points out that a nura« ber of the depot site sections are on a corner, they are directly opposite shops, and a tram stop is almost beside them.' Yet the Transport Board cannot benefit by these circumstances. It is clear to everyone that the direct consequence of this arbitrary ruling is to give a monopolistic value to existing shops and shop sites in the area." "What authority," asked a critic, "has the City Council, at the behest of its Town-planning Committee, to interfere with the reasonable rights of property J By all means let it so act as to consolidate existing tendencies so that residential streets are kept residential, and amenities are not spoiled by the creation of shops and factories out of their prope? zones, but ifs ruling in regard to Jervois Road, which is devoted to business along most of one side, as far as the tramway depot site, is obviously exceeding the intentions of the law." A resident of the district who support's the committee in this matter declared thati suburban shop-building bad been over* done in Auckland and that it was necessary to control it. He instanced Dominion Road as an example of a street which! had been spoiled residentially by the lack of such control. Another mun who is deeply interested in town-planning said that one of tha aims was to stabilise values, but the Act naturally gives authority for nothing the kind. It would appear that the City; Council is interpreting the law in a manner that is bound to result in appeals and a test case.