UNUSUAL PROSECUTION

Waikato Times, Volume 106, Issue 22682, 9 August 1945, Page 4

UNUSUAL PROSECUTION

BUILDING PERMIT EXCEEDED PURPOSE OF REGULATIONS The Building Controller proceeded in the Magistrate’s Court at Hamilton today against Stanley Gilbert Bowden, builder, and Denis Barrett, clerk (now of Napier) for having exceeded the conditions of a building permit, by adding a workshop or garage that was not provided for in the permit. Mr A. L Tompkins, for the controller, said it was stipulated that iron roofing was not to be used, the permit being for flbrolite. The same applied to down-piping and spouting. Mr F. D. Robertshaw, on behalf of both defendants, pleaded guilty. He said Bowden had done the work at the special request of Barrett, who was building a home in Clarkin’s Road. Mr Tompkins said the building regulations were applied with the object of conserving available stocks of iron and other material. No permit would be issued for a garage unless it was required for business, for the reason that every garage saved made more material available for dwellings. It was estimated a saving of eight to 10 sheets of iron could be effected. The garage referred to was of brick veneer, with tiled roof and was a substantial structure. The controller held that this was a deliberate breach of the regulations. Importance Emphasised Mr Tompkins added that the prosecution was an important one in view of the shortage of materials. If owners induced builders to ignore the regulations they were equally liable. Mr Robertshaw said that when the building was being erected no fibrolite was obtainable. Mr S. L. Paterson, S.M., remarked that it must be annoying if flbrolite, specified in the permit, was not obtainable, but that did not justify a breach of the regulations. Under the circumstances Bowden would be fined £2 10s and Barrett £5.