AIR SPACE FOR BUILDINGS

Gisborne Times, Volume XXV, Issue 1974, 9 January 1907, Page 2

AIR SPACE FOR BUILDINGS

AN liUI ; C!M’ANT POINT,

At fclio meeting of the Jioi'otifj;li Council Inst night the following let-

l. r, from mcssr.s. Evans, N iehl anil Co. to the. inspector of Buildings, was read :—“Herewith wo beg to kiilimit. yon skotcli {'round plan of twostory boarding-house, proposed to bo erect'd lor Mrs. Boa)', on section So, at the corner of Bright street and Childers road. the plan also shows the siy.e of tin l section. Before commencing to build wo wish to know if the plan submitted is in accord with the Borough by-laws as affecting the erection of hoardinghouses.’' Tbe Mayor said the building would have fifty rooms. Tile question was an important one, as to whether the house being on a corner, a. 25 feet space must be left at tbe side of the house. The Town Clerk said that hotels but not hoarding-houses were exempt from the provisions of the Act. The Mayor went on to read the sections of the Act. Gr. Bright: If we have a building inspector, why cannot lie deal with it '(

Cr. Webh: 'This is an important corner section. Cr. Miller: 'The building inspector j might enlighten us. Cr. \V 1 1 i nra y said he was afraid Cr. Miller had not been attending to tile business, or he would know they had been giving a great deal of attention to this matter. The Mayor : That he would. It is time we enlightened him. Cr. Miller: It seems to me that one or two want to rule this Council. They think they do all the work, and that nobody else does anything. Remember there are others. After a few pleasantries on this point, Cr. Miller insisted that they should hear what the Building Inspector had to say. He should he able to enlighten them, and wliy should the Mayor and Cr. Whin rayobject ? The Mayor: Suppose he is in a fog too ?

Cr. Miller: If he is, let him say so. Tile Mayor: Let ns lind it out. Cr. Miller: You make very slow progress ill finding it out. j Cr. Bright said they had not to consider any suggestions as to the j new by-laws. What they wanted to j know was if the proposal was in ac- i cordance with the existing by-laws. Cr. Lyman: It is not a question j of by-laws; it is a question of the; Act, according to which the air space proposed is not sufTicent. The Mayor: It s a question of understanding the Act. Cr. Bright said that many people had thought they could interpret Acts, and had found out their nnsaCr'. Webb said lie did not believe this question had' been raised before ill New Zealand. If Cr. Harding had to build under those conditions lie would have to leave 20 feet vacant and back spaces as well. The Mayor: But hotels are exempt. This is only last year’s Act. Mr. Little, being called on, said in the first plan submitted 15 feet of space had been allowed. He had told Mr. Neild and another architect that lie could not pass the plan until the proper air space was provided for. There was not a great deal of 'difference between the Act of 1903 and the last Act. There was no mention of corner sections —merely tliat there must be tlio air space at tlie side or the back of the building. Another plan had been submitted with 25 feet. Now people were trying to convince them they could override the Act, but he was certain they could not do it on the score of the road. Cr. Lysnar: 'Phis is plain; it is not in accordance with the Act. Cr. Colley said it was on a corner section where there was already (it feet of space. Cr. Bright: On the road. Cr. Harding: You cannot count the road as air space. Cr. Lysnar: It provides that it must be clear space upwards. The Mayor: Everybody lias the benefit of the roads. The section states that it does not apply to ail hotel, hut does to hoarding-houses and dwelling houses. Cr. Whin ray: A hoarding-house and hotel is virtually the same, excepting that one has grog to make them sleep. (Laughter.) Cr. Colley contended that the building would come under the. heading of “business preniises.” It provided accommodation for the travelling public. Cr. Bright: The whole thing seems to he in a nutshell. If it is legal we can authorise, if not we cannot. Cr. Colley: Who is to say? Cr. Bright: We cannot. Cr. Miller: The inspector says it is j net right. Can the Council say he is wrong? I cannot. I more that the 1 plans lie not approved of. They are not giving tlio required space, and ; therefore are not complying with the law.

Cr. AA'liinray thought they could get the required area in. Cr. Lysnar: They cannot do it. on that plan. Cr. Colley again urged that it was a business place and not a dwelling. Cr. AYliinray said the Act was only worded in general terms. The way this place was laid out, it would ill every respect lie better than by technically fulfilling the requirement of the Act. ■r. Lysnar: That might he, but you would have to alter the Act before you could alloy it. Cr. AA’liinray said they had found the point very debatable when going through the bye-laws. Cr. Harding: A bye-law cannot over-ride the Act. Cr. Bright: I move that the plan be not considered until we have the certificate of the Building Inspector that it is in accordance with the Act. Cr. Miller: I second that. Cr. AVcbb: That is the same thing —we throw it out. Cr. Lysnar: There is no provision for a certificate. Cr. Bright: The Council cannot ! over-ride the Act. Cr. Colley said that as there appeared to.be a doubt in the inspector s mind, as in the Council’s who would settle the matter? Cr. Harding: There may bo a doubt ill your mind, but there is none ill that of the inspector. Cr. Colley : There is a doubt in my mind. I move that we get the inspector’s opinion as to whether it is a dwelling or business. Cr. Lysnar: You cannot get a wav from that. Cr. Colley: It is for the public. Cr. Whinray: I understand that if they made one tenement they could cover a whole section. Cr. Lysnar considered it wrong for them to place the responsibility oil the inspector. Ci. Bright said it was obvious that if the inspector objected he would 'Cate Ins reasons. Then the persons ioncerned could take advice on the subject. Me did not see wbv tlie Council should go to the expense oi i emrrinn; it. to their solicitor. ... Cysnar asked how it would he I. tlle Cmueil s inspector approved o

Ci’. JJright: It would come before us again. take' that mivEep ,Id t,IC Gr. Miller said they should go by the advice of their inspected who should be as capable as a solicitor to

cei prct. the meaning of the Act. •tettizisr w “ 100 ti»a,£S"* r: S °‘ *» f*“ Cr. Webb said that if Mrs. Cramp's hoarding-house was burnt down and they wanted to re-erect it they would °, to 1, , 5 « 23 feet of frontage, winch would bo no use. It was practically a business place, not a I re'n e"A T', 1 ' 1 P ro POse that the leanest lie granted. 1,.Xo <: + ? fa i’ 01 ' , said . tllat w r ould still lc,n 0 the legal question to decide. Cr Webb said they would go on if they had that resolution. If it. was his lie would be satisfied to go on any way. Cr Miller jocularly suggested that they would have Cr Webb picking oakum if he defied them that way Cr Webb emphasised that the objec. tion was “ perfectly ridiculous.” The motion to await the Inspector’s certificate was put and rejected, those for being Crs Miller and Bright. The others voted against, excepting Cr Whim * - ray, who said he was not prepared 'to 1

voto against it, while CrLysnar objected to pulling the icsponsibi'ity on tbo Inspjctor. Cr Miller seconded Or Tysnav’s motion that the plans be net. approved of, not providing tile air sp Cv icquircd by the Act.

Cr Wliinray wanted the plan submitted to t!io autboriii. h, with nil evplnratio i

of I ow much betn.-r t!io benltli require lnenls were nit t, by the plan than imdir the alti rnative plan, blit it was pointed out that woo'd mean delay.

■‘The man wants to build bis home,” said Cr Harding. “If you submit it lo Gov eminent you will get a reply in a couple of year.’ time.” Modi fortlu r discussion on til same lines ensued, Cr Bright quo iug from the Act to show that even if the Council did

grant the appliea'ion it would not protec the owrer from proceedings if tl.o Aei was not carried out.

Tiie Mayor said ilny were constantly finding fault with people for overcrowding. Hero was an Act passed last year to prevent it, and the only question, to li's mind, was whether it was business premises or a dwellingbouse. In the section quoted by Cr Bright “lodginghouses” wore specially mentioned.

Finally the discussion closed w'thout any decisi n being arrived at, which morns that the plans were not approved of.

THE BROUGH-FLEMMING COM PANY. 1

Mr. Claude H. Whaite, representative for the Brougn-Flemming Company, is in town, making arrangements for the forthcoming visit to Gisborne on Wednesday next. The impending visit of this company revives pleasant recollections of its previous visits here. Though playgooiK will sadly miss Mr. Brough during the season, the company with which his name is connected will be welcomed. The company, which he formed in conjunction with Mr. Hoibort .Flemming,

will he kept going hv that gentleman, who will make every effort to worthily sustain the best traditions of the' Brough and Boucieault regime. “I)r. Wake’s Patient” has been selected for the opening production hero, and is regarded as one of the most successful plays in an c-xtcnsive repertoire. 'idle cast of oh a;■ - is headed by Mr. Herbert Flemm-.g, The Melbourne Age says of "Hr. Wake’s Patient”: “It is one of the few plays that improve on acquaintance. As a bright, powerful, healthy comedy, nothing like it has been seen here since Carton’s ‘Lord and Lady Algv” was produced by the Broughs a few years ago. Its dialogue is a model to aspiring playwrights, being bright and clever, without a suspicion of the shaming after epigram which characterises so many modern plays. As a reflection of the times in which we live, ‘Dr. Wake’s Patient’ is a I play that deserves a place in the his- : torv of drama. The box plan will be I open at Miller’s on Friday morning, when seats may he booked for the season.