TREES MUST BE CUT BACK

Hawke's Bay Herald-Tribune, Issue 59, 25 March 1937, Page 10

TREES MUST BE CUT BACK

Safety of the Hastings Aerodrome GOLF CLUB ACTI0N FAILS Tbat ownexs of property should be prepared to put up witb certain inoonvenienee where tbe safety of aerodromes was concerned was tbe contention of ' Mr J. Miller, S.M., in tbe Hastings Court yesterday in dismissing an application made by tbe - Hastings Golf Clnb against tbe Hawke's Bay and East Coast Aero Club for tbe latter ■ body to ebow cause wby tbe Golf Club should cut down certain trees on tbe Golf Club's property adjoining tbe aerodrome. Tbe Aero Club eerved uotice on tbe Golf Club on mstruction from tbe Public Works Department tbat tbese trees would. have to be cut to a heigbt of flve feet, and the proceedinge yesterday wero instituted by tbe Golf Club to sea if such action ccrald not be avoided. Tbe Magistrate ru^ed tbat tbe weight of evidence was against tbe Golf Club, and tbat tbe notes would have to be acted upon. Mr T. O'Dowd appeared for tbe Aero Club. and Mr W. S, AveriB jor tne Golf Club. "Tbe Golf Club bas been served witb two notices to cut" down trees from the Aero Club. We call on tbe Aer® Club to show wby tbese notiees should not be set aside," Baid Mr Averill. "Tbe onu3 is on tbe Aero Club to establish tbat its notice is good and its claim reasonable." Tbe Magistrate tben directed Mr O'Dowd to open tbe case for tbe Aero Club. . . ! "Tbe Golf. Club bad tbese notices served on it nnder tbe Public Works Act," said Mr Q'Dowd. "The first notice is to make the aerodrome safe for aviation purposes and tbe second requires tbat certain trees be cut to a heigbt of five feet. Eender Flying Unsafe. "Tbe trees," be added, "interfere witb use of tbe 'drome and render flying unsafe, and tbe limiting of tbe otber trees to 5 feet is to make tbe 'drome safe for aviation. Tbis legislation was passed in tbe interests of tbe safety of flying. "No question of bardship or loss to tbe Golf Club arises in tbese proceedings," continued Mr. O'Dowd. "Such questions are covered by the provision of tbe Act witb regard to compensation. Tbe wbole question is tbe safety of flying at tbe Hastings 'drome and tbe necessity for the removal of tbese trees in .tbe interest of life and property." Eobert Douglas Brown, secretary of tbe Hawke's Bay and East Coast Aero Club, stated tbat be was a qualified pilot of eigbt years' standing. Tbe trees wero becoming dangerous, and, as •they increased in heigbt, tbe take-offs and landings were affeeted. Tbe trees had a further detrimental effect in causing wind disturbance, altering the wind's effect ou tbe macbine wben close to tbe trees as compared witb the normal effect. For tbis reason tbe trees were dangerous. It was necessary tbat they be cut down to a heigbt of 5 feet at tbe boundary, rising one foot for every 15 feet from tbe boundary. Tbe trees constituted a mental hazard to inexperienced and pupil pilots, causing tbem to come in unnecessarily bigb, oversbooting the 'drome. In the case of engine failure, tbe trees constituted an extreme risk in a take-off, continued witness, as tbe macbine cnust inevitably strike tbe trees. Tbere was alsp tbe bazard of a bad landing wben a pilot was coming in towards tbe trees, because of tbe atmospberic effect of tbe trees. To Mr. Averill, Mr. Brown said tbe Aero Club purcbased tbe property in 1932, while the Golf Club bad beld itp property for 11 years. Tbe trees were 15 to 20 feet bigb wben tbe Aero Club came on to tbe property. Tbe Aero Club bad realised wben it secured tbe property tbat tbe trees would become a menaee, but it was not antieipated that there would be any difficulty ia getting tbe Golf Club to top tbe trees to a heigbt of 15 feet. If tbe tree? were - 20 feet bigb, tbey would be an added anxiety to a pilot. Tbe possibility of having tbe trees cut to 20 feet bad been considered. Conditions Have Changed. Mr Averill submitted a letter wi'itten on July 3, 1936, by Mr Brown and 'suggesting tbat tbe" trees ebould be cut to 20 feet- Counsel suggested tbat at tbat time the club was agreeabje to a heigbt of 20 feet if the Golf Club was agreeable, but, if tbis was not the case, then tbe Aero Club wanted the trees at a heigbt of less tban 20 feet. Mr Brown pointed out tbat at tbat time tbe 'drome was using Motb planes, but, witb tbeir replacement by larger types, a longer runway was required. "Had the Golf Club agreecj to 20 feet, we sbould still have had to bave the trees cut down to five feet under these new conditions,'' said witness. Witness said that tbe 'drome was used merely as an emergeney ground by tbe East Coast Airways planes* Mr Brown admitted tbat the club had not considered the means of paying any eompensation, but it had tbe means available. Tbere was an egual risk from che trees wben a plane was landing or rising. Mr Averill sUggested tbat tbe clubhouse of the Aero Club was as great a menace as tbe trees, but this witness den'ed, as tbe building was in the most part of the ground from a flying viewpoint, Mr Brown said tlie club had an unencumbered title to its aerodrome, and it had a substantjal reserve fund, in addition to equipment and machines. "Is it not a fact that, when the club purcbased the aerodrome, it failed to obtain sufficient land?" asked Mr Averill. This witness denied. Flight-Lieutenant I. E. Rawnsley, instructor to the Hawke's Bay and East Coast Aero Club, gave evidence corroborating that of the previous witness in regard to the danger that tbe trees constituted. He bad bad several narrow escapes wben training pupils, due to tbe obstruction caused by tbej

trees. The continued development of aviation necessitated the removal of any obstacles sucb as tbese. Expert's Evidence, Flight-Lieutenant E. A. Gibson, aerodrome and aviation engineer for the New Zealand Government, attacbed to tbe staff of the Controller of Civil Aviation, said be had inspected tbe Hastings aerodrome. Witness produced diagrams showing tbat the trees whicb were objected to did not allOw of an adequate lengtb of take-offs and landings. The trees also caused air disturbances which affeeted macbiues. In the interests of safety, be considered tbe notices served on the Golf Club sbould be eomplied with. Similar notices had been served in eonnection with the Gisborne, Palmerston North, Taierj, Rongotai, Hawera aerodromes, and tbis was the first objection that bad been made. Unless the trees were removed the Hastings 'drome would not be suitable for eommercial aviation. ''We don't want to see anybody killed, but you can see tlie position we aro in," said Mr Averill. Was it not possible that a reasonable agreement eould be reached? "We feel that tbese notes are ,a pistol at our heads," counsei continued. "Tbe note is out of order, and defejidants must be non-suit-ed, as they did not notify the second mortgagee of the Golf Club's property." "That's only delaying it," replied i Mr O'Dowd, wbo contended that the

application for non-suit must fail. "The main consideration is safety," said tbe Magistrate. There was no give and take allowed for. Tbe notices had either to be eomplied with or rejected. "If an accident occurred, and I bad upheld the plaintiffs, then I would feel thar., had tbe notes been eomplied with and the trees cut, tbe accident could have been' prevented. I can't take any view other than tbat of the expert evidence. The authorities have made the reconimendation, and safety must be the first considefation, "It is unfortunate for the Golf Club, , which has gone to a lot of trouble witb its grounds, but the progress of eommercial and dqfenc© aviation requires tbat aerodromes sbould be protected, , and it is necessary that others who may bave been on adjacent properties for many years previously sbould put up witb certain inconvenience. I bave qverwhelming evidence that conditions are not safo at tbe Hastings aerodrome, and no decision can be made otber tban tbat tbe requisition is reasonable and in order and must be made in the interests of aviation.'' Ip refusing to grant Mr Averill' s ap- 1 plication for a non-suit, Mr Miller said tbat he did not think tbat any fresb evidence could be brcught forward.