EMBARGO RESENTED

Sun (Auckland), Volume I, Issue 309, 21 March 1928, Page 16

EMBARGO RESENTED

CHALLENGE TO COUNCIL DIVIDING LAKE SECTIONS The legality of the action of the Takapuna . Borough Council in declining to issue building permits, or to accept subdivisions of estates on the land in the immediate vicinity of Lake Pupuke, is about to be tested in the Supreme Court, The Borough Council received a writ in the matter last November from Mr. D. M. Mowbray, who has a property fronting Kitchener Road, and running back toward the lake. Action has been postponed, but as soon as a fixture can be obtained at the Supreme Court the case will be dealt with.

The action is in the nature of a test case. The Lake Property Owners’ Association, formed about three years ago, is much interested in the case, as the decision will put an end to the uncertainty now existing regarding the use of the land. In 1922 the Health Department, and the Lake Board of Control, virtually forced the Takapuna Borough Council, in whose area the lake is situated, to forbid building around the lake, lest the purity of the water supply be endangered. Rates are levied, however, on the property and now that rating on unimproved values is to come into force, the property "owners are apprehensive. The Valuer-General is expected to visit Takapuna presently to confer with the borough council, and property owners interested in the land that forms the lake watershed. The action taken by Mr. Mowbray is for recognition of his right to subdivide his land, but action is probable also by other parties asking for building permits on subdivisions already passed. The Crown solicitor at Auckland will be acting with the borough solicitors in defending the Supreme Court action.