BUILDINGS AND BY-LAWS.

Waipa Post, Volume XX, Issue 1129, 16 August 1921, Page 5

BUILDINGS AND BY-LAWS.

PROCEEDINGS STAYED.

MR SPEAR MEETS COUNCIL,

The moving back of Mr Spear’s building in Alexandra Street was 'the subject of further consideration by the Te Awamutu Borough Council last evening, on account of the receipt of the following letters from Mr Spear and his solicitor, Mr. C. G. Downes:Mr Downes wrote: “We enclose a letter from our client in connection with the resolution passed at last meeting to prosecute him for the removal of his building. We have advised our client to send this letter, and he is also prepared to wait on the Council at its next meeting in support thereof, to answer any questions, if you so wish. Under the circumstances we would suggest that you defer taking action until after the matter has been dealt with at the next Council meeting. Our one aim is to avoid the expense to both parties of a Supreme Court action, which must he the result , of a prosecution, as we think the public can be satisfied without this being necessary.” Mr, Spear’s Overtures. Mr Spear’s letter was as follows:—. “Re Building Removed: I notice by the local paper that it was resolved at last Monday’s Council meeting to take proceedings against me for the removal of my building in Alexandra Street. Before putting me to a great deal of expense in defending an action, and perhaps the Council likewise incurring expense, might I be permitted to try and save any such useless expense through perhaps an oversight on my part, or a misunderstanding. When I wrote to the Council for permission to remove the building by letter dated February Bth last. I also asked for the right to do two other things, and my letter was on the 14th March last rejected in toto. I looked carefully into the bylaws and could see nothing whatsoever m them preventing the removal that I. wished to make, and I still maintain that I have not in any way broken the Borough by-laws. Per baps before actually removing the building I should have waited on you and pointed out that within twelve months I intend to erect a two-storey concrete building, with concrete basement at considerable cost, and I wanted to prepare for'this. In this building I have made no provision for storage capacity, and I intend to use the building removed by me for that purpose, and same is only being used temporarily as a dwelling by two returned soldiers owing to the acute shortage of houses in Te Awamutu. I inadvertently neglected to wait on the Council, but it was in no way intended to flout the Council or defy you in any way, but simply from my reading of the by-laws ■ I considered that I was in the right, and the erection of a good building w.as in the interest of the town. I also thought that the Council should not have refused my requests, which appeared to me to be unreasonable. I would like to correct a wrong impression that the building had been altered in any way, as it has not, and you must be perfectly aware that when it was in its old position it was used for years as a dwelling by Mrs R. Henderson, and then by Mr J. W. Henderson, and I also occupied same lor three morns. The lease of my present premies expires in January ne'e, and - n any case the frontage where the building was ’s far too va'miile to ieave vacant, and I anticioa e before twelve months expire to have g>'c! concrete building erected. The present building will then cease to be a dwelling house and become a store room. I might mention that the Public Health official has been through the building and has very little fault to find therewith. I regret if I have unwittingly been guilty of a want of courtesy, but in view of the circumstances —and that I intend to benefit the town, and my action has not had any ulterior motive —I would ask the Council to withhold proceedings and to avoid a lot of unnecessary expense both to the ratepayers and myself. I am willing to pay for any legal advice that the Council has had to take in the matter. Yours truly, Thomas Spear.” ' Mr Spear Attends Meeting. Addressing the Council by permission, Mr Spear said he thought he was not breaking any by-law by moving back the building, so long as he did not alter the building. He believed the building was now out of the brick area. He proposed to erect a concrete building of three floors, the basement being a dive, the street level carrying two shops, and the upper storey being devoted to offices. The hack part of the new building would accommodate a billiard saloon, and thus the erection would cover the whole section. He thoiight it would be a building creditable to the town. The Mayor said he did not think the Council could avoid the impression that its .decision had been ignored, and its by-laws defied. They were asked to agree to alterations to a very old building, and they disallowed that, as they believed it not in the interest of the town. He used the word “alterations” because they com sidered removal constituted “alteration.”

Mr Spear: I did not look at it in that Hight. The Mayor said the next thing was that Mr Spear went on with the alterations without meeting the Council again. Mr Spear: That was an error of judgment. The Mayor said the ihembers of the Council gave up considerable time to. the town affairs, and looked for proper respect to their decisions. He believed the townspeople would be at their back, otherwise it would be best that they should give v T ay to another Council.

Mr Spear’s present letter presented a new attitude, and he had a proposition to make after the Council had discussed the matter.

Cr. Downes, as solicitor for Mr Spear, remarked humourously that one could not be expected to give up bis private practice through being a councillor, suggested that both he amt Mr Spear should retire and let the Council consider the matter in committee. It would not be proper for him to remain and hear the Council’s private views, and then pos-

sibly act, for Mr Spear, against the Council later on.

Replying to Cr. Wynyard, Mr Spear said he gained nothing by removing the wooden building back beyond making room for the proposed concrete building. Cr. Downes, in retiring with Mr Spear, remarked: “I would hardly remind you, gentlemen, that the new building will mean more rates.” After consideration in committee Mr Spear and Mr Downes were readmitted and informed that the Council would consider a letter written by him undertaking as follows: To pay all legal expenses, admit a breach of the by-laws, and express regret at such breach, indemnify the Council against any legal action from any quarter in respect of such building, the building to be removed within nine months from that day. Mr Downes: You want the building removed The Mayor: Yes. Mr Spear said he would comply with these requirements. The Mayor: Well, Mr Spear, that concludes the incident between us, or at least will do so when your letter comes before us at the next meeting. I must say/ however, that the Council wishes this not to be regarded as a precedent—but to be a warning and a lesson for the future. Mr Spear: I assure you it will be a lesson to me and a costly one. This ended the incident.