BUILDING BREACHES

Chronicle (Levin), 8 March 1949, Page 4

BUILDING BREACHES

Objection To Council Taking Legal Aetion j The opinion that it was not the Levin Borough Council s prercgative to take legal aetion agafrisf persons found to be using building materials o-her tnan those jpecifie-d in their permits, but that of the Building Controller, was put forward by Gf. R. A. Frederick'sen at last night's "meeting of the rouncil. He,> voiced. strong opposition to a suggestion that such ictien be taken against lwo persojqs reported by the council's inspector, Mr. H. T. Tilyard. . Alleging a reluctance on the part of the Building Goncroller to pursue and act on such breaches himself, Cr. Frederikson said that even if the cases wenfc to court, the fines were nominal and ihat was "all there was to it." He added: "If tne Building Controler is not prepared to take actipn why should we? It's not our jab." Opposing this view, the Mayor, Mr. H. . B. Burdekin, said that the situation had changed now. The jouncil had been given the " right to specify that certain • materia s should be used, and he considered It had the right to prosecute if he in "tructions were not carried out. He suggested, however, that as ne did n^t wish to see the ■ rouncil non-suited in a cou t case, che cases be* referred to the •o"iugh solicitirs fir an investigation into the council's powers. If nd fchat the council ha.dthe right to prqsecute, it snould do so, otherwise it should refer both| cases to the Building Controller. 4 He was entire y opposed to the council taking any aetion, said Mr. Frederikson. i Asked for his view, Mr. Tilyard said that if no aetion was taken, bne e was little. point in his issuing building permits. One • pers m wouid adhere to the stipu.aticns t and ihe other would not, and would get away with it. The Building Controller preferred a local body taking aetion as it was the quickest method. Af er further discussion it was decided that • the two cases be • e -I lo the borough- solicitors for their opinidn, the only objecr,i >n oeing raised by Cr. Frederikson. .