BAN ON FLATS

Sun (Auckland), Volume III, Issue 803, 25 October 1929, Page 1

BAN ON FLATS

Can Council Define Principles? EMILY PLACE PROPOSAL Owners Say Received Assurance INDIGNATION at what he termed the inability of the City Council to define what principles it required in the erection of flats was strongly expressed to a SUN repre sentative this morning by Mr. C. M. N. Jacobsen, solicitor, of Auckland, and one of the principals concerned in the proposal to erect a block of flats at Emily Place. Mr. Jacobsen alleges that it was after an assurance had been obtained from a responsible officer of the City Council that the plans would be accepted that considerable preliminary work was done and that permission to erect fiats was subsequently refused by the council. This, he considers, must tend strongly to discourage such enterprise in the city.

Mr. Jacobsen said that when the land w«s being purchased Mr. Sinclair O’Connor, the architect for the building, was sent to the council office to ascertain if flats could be built on the ; site. An assurance was received and the property was purchased and plans and specifications, costing £2,000, were drawn up and submitted to Mr. Tyler, acting city engineer, who. according to Mr. O'Connor, said they would be acceptable. Before pulling down the threestoreyed building that was on the property and which was bringing in £ls a week, the plans were lodged with the City Council and the Town Planning Committee, for a week, for approval. Mr. Jacobsen added: “Two slight alterations were suggested by Mr. Tyler, one in regard to a passage-way and the other in connection with one of the flats. With these carried out, Mr. Tyler said, the plans would be acceptable. The minutes of the Town Planning Committee show a recommendation to the council to approve the plans.” Mr. Jacobsen also pointed out to The Sun man what he said were Mr. Tyler’s pencil marks on the plan when he sketched in the suggested alterations which were straightway adopted. ASSURANCE GIVEN “Mr. O’Connor,” he said, “is prepared to give an affidavit to the effect that Mr. Tyler told him definitely that the permit would be granted in due course and that he could go ahead and call tenders.” “When Mr. O’Connor came back and told us that, the owners sent him back to Mr. Tyier again to make definitely sure, as the question of the Marlborough Flats had then cropped up. Mr. O’Connor returned and said that Mr. Tyler had again told him that it was quite all right and they could go ahead. On that assurance the old building was pulled down. “I had an interview with Mr. Bloodworth and Mr. Tyler this morning,” said Mr. Jacobsen, “but beyond suggesting that we should draw fresh plans, and take one storey off, they could not tell me what should be done in order to conform with the principles ‘of town planning. They tell us that we can build flats, but cannot tell us what sort of flats to build. We don’t know where we stand, but we know that while this business is going on we are losing £6O a week.

“Mr. Bloodworth said that as far as they knew the angle of light required to be 60 degrees, which, in the opinion of builders, was ridiculous. However, both in regard to light and air, the council or the committee apparently could not define anything. “The position to say the least, is extremely ridiculous.” said Mr. Jacobsen. "From our experience it would seem that before buying land for building purposes it would be necessary first to enter into negotiations with the City Council In regard to the building to be erected. While this was going on someone would step in and take an option over the land and force another £SOO or so out of the unfortunate would-be purchaser. “In the present instance the council said that owners of adjoining property had protested against the proposed flats, particularly on the ground th-.t the building was to occupy the full width of the section. OBSTRUCT THE VIEW “To get over this we would either have to spoil out flats or secure mor« land for a right-of-way,” said Mr. Jacobsen. A piece of land suitable for this purpose was available alongside, but since the plans Were deposited with, the council it has been purchased, it is understood, by the caretaker of another block of flats nearby. It was also pointed out to the reporter that the erection of the Emily Place flats would shut out the view of the Museum Flats, which were recently converted at great expense. “No man could dare buy a piece of land now without first approaching the council,” remarked Mr. Jacobsen, "and even if you do you apparently have no guarantee that you will know where you stand.” Mr. Sinclair O’Connor, who was also questioned by The Sun man, bore out Mr. Jacobsen’s remarks concerning the assurance, said to have been received from Mr. Tyler. An Auckland builder, not concerned with the contract In question, but who happened to be present in Mr. Jacobsen's office when Mr. O’Connor returned from his second visit to Mr. Tyler, also bore out the conversation that was said to have taken place. “I would certainly not have incurred all that extra expense otherwise,” said Mr. O’Connor. He added that there were 70 men ready to go on to the job. With so much unemployment about it seemed a pity that they could not be used.