BUILDING PERMIT REFUSED

Dominion, Volume 13, Issue 309, 23 September 1920, Page 5

BUILDING PERMIT REFUSED

CASE AGAINST CITY COUNCIL FAILS. The right of the Wellington City Council to refuse a permit for the erection of a building on the street boundary of The Tcrraco was upheld yesterday by j Jl'r. Justice Edwards in the Supreme I Court. The case was brought by Ifnrry Amos, director of Banks Commercial College,- against, the Mayor, councillors, and citizens of Wellington, and the AttorneyGeneral. The defendants contended that the building would have been erected contrary to conditions following on the Government approval of a City Council resolution declaring that the provisions of section 117 of the Public Works Act, 1905, should not apply to Wellington Torrace between Bowon Street and Mount Street, and subject to a condition providing that no building or part of n building should at any time be erected on either side of tho 6flid street within a distance of 33ft. from tho centre of the-street. Plaintiff claimed that he was not affected by the regulation, as lie was not subdividing the land; further, that the defendant corporation had no power to withhold a permit on the ground set out.' .... His Honour held that the plaintiff could not erect any part of the proposed building within a distance of 33ft. from* the centre line of the road, and therefoie ho was net entitled • to 'a permit for .the orection of a building on' a site prohibited by the statute.