NO BUILDING PERMIT

Otago Daily Times, Issue 26774, 18 May 1948, Page 3

NO BUILDING PERMIT

ERECTION -OF - CITY STALL CITY POLICE COURT CASE The proprietor of a ” kotton kandy " business In the Carlton Hotel buildings. High street, James Frederick Andrews, was proceeded against by the Dunedin City Corporation m . the Police Court yesterday, charged with doing building work without a permit and erecting a building in wood in the inner area. The defendant, who was represented by ® F. W. Guest, pleaded not guilty to both City Corporation, Mr J. C. Robertson said the defendant came to Dunedin about four months ago, and made an application for the erection of a building in wood for a hamburger stall fn the city. This was not allowed undea the by-laws, and then he made an application for the erection of a hut this had been declined by the build ing controller. The defendant had taken matters into his own hands and converted a portion of the Hotel building into a “ kotton kandy stall, which was also now being used as a parcel depot. Mr Robertson emphasised that the City Council did not have anything to do with turning down the application for the erection of a brick building. That was a matter for the building contr Evidence was given by John Colin Lucas, a clerk employed in the town clerk’s office, lan Robert McCallum., inspector of buildings, attached to the city engineer’s office, and the city engineer. Spencer Gray Scoular. Mr Scoular explained that the fire danger in the building was a cause of concern to the City Council and the Fire Brigade. . ' “ This is one of the most trivial and vexatious cases to come before the court, for some time,” Mr Guest said. He explained that the stall was entirely surrounded by brick walls. Only Pinex had been used in the work carried out ov the defendant, and this had cost only £6 7s The defendant had been a heavy loser as a result of the delays. Objection had been raised to the doors opening outwards, but these had been in use since 1941. Although the city engineer had recommended a relaxation of the city bylaws, and the Centennial Committee had considered that the defendant’s class of business would have been an acquisition to the city, his application had been turned down. . ~ _ After the defendant had given evidence along the lines of hts counsel’s submissions, the magistrate said he would convict on the first charge, but would reserve the question of penalty until May 24. The other charge was also adjourned until the same date.