HALF CHAIN STRIP TO BE TAKEN

Taupo Times, Volume III, Issue 141, 8 October 1954, Page 5

HALF CHAIN STRIP TO BE TAKEN

COUNCIL'S DECISION NOT YET GIVEN One of the objections to the Borough Council's Town Planning Scheme heard by the Council on September 23 was lodged by the Ministry of Works; with reference to the Lake Front Road near Waipahihi. The Ministry's objection, while stating that the present route of the State Highway through the Borough was satisfactory, recited that throughout its length a road reserve of li chains was required and objection was made to the Scheme in so far as this was not provided for. >

No Objections To Strip The length of highwray where the width mentioned was not already provided for was described as being the portion between the intersections of the Lake front road with the Old Napier Road and of Taharepa Road with the Lake front road. An unusual feature of the matter Was the fact that although the Ministry of Works objection, with a statement of the road reserve strip required, wras duly advertised, no property owners lodged any objection to the Ministry's proposal. Mr Harold William Burley, appearing for the Ministry of Works, staf;ed that the Minister, on behalf of the National Roads Board, in consultation with the Council and its town planning consultant, had elaborated further on the objection mentioned and had proposed the provision of the necessary half chain reserve on the west (i.e., Lake side) of the present State Highway between the Borough boundary (Old Napier Road intersection) and Taharepa Road. The Council in further discussions had suggested that between Taharepa Road and Waipahihi Avenue the strip required should be taken on the side of the Highway away from the Lake, i.e., the north^rn side. Variation Of Scheme He had been directed to say that the National Roads Board did not raise any objection to that proposed variation, but that the Minister pointed out that it was a variation of the Town Planning Scheme for which objections had been called, and that in justice to the landowners who would be affected by the alteration it should be publicly notified, so that the objections of owners on the side of the Highway now to be affectecif be heard. Mr Burley thought this suggestion was valid and should be fully considered. Furthermore the National Roads Board would appreciate being able to consult further with the Council on this amendment, which on the face of it seemed -satisfactory^ The Chairman, Mr J. E. Story, agreed that it would be only fahi that the proposed change should be publicly notified so that owners who would be affected might state any objections. Cr Swan pointed out that the reason for the Council's suggestion that the strip be taken, on the side further from the Lake, between Waipahihi Avenue aild Taharepa Road, was that the Ministry's proposal would have taken them, in that area on the Lake side of the Highway, practically through a house and eight or ten garages, whereas on the other side it would affect no buildings but land only. Compensation Liability Cr Swan asked whether, if the Ministry's original plan were carried out, the Borough ^or the Government would be responsible for any -compensation involved. 1 If the Council's suggested alteration were made, would the Government still be responsible for compensation?

Mr Burley- said that though he was sorry to say it — although Cr Swan would be glad to hear it — the Government would be entirely responsible for the compensation. He thought that was correct. It was State Highway even though within the Borough. If a footpath were put in the Council would be responsible for the cost of that. Compensation involved by widening and all the formation work would be borne by the National Roads Board. Cr Swan said it seemed the Council would have to publish the proposed alteration to the Ministry's suggestion, to enable objections to be made, though the road wasn't the Council's. Had there been no Town Planning Scheme the Government would have had to take the matter up. Mr Burley said it was rather an extraordinary position, but it did seem that it was the Council's function as the town planning authority to hear the objections. He thought that was right though he w7ouldn't like to be dogmatic on the point. Property Owner's Wrath Cr Swan said that looking at it purely from the Council's point of view, the property owners would most likely be wrath about this happening and would blame the Council, but reaily it was not the Council's fault at all. The road would have been wider in the first instance and he felt that it was really the Government who should hold the appeal. He would like the opinion of the Council's legal adviser who was present, Mr Ford. Mr Ford thought it was a matter for the Council to call for and hear objections and read the relevant section of the Act. Cr Swan said that.he was/ certain that none of the people affected had any idea that the proposed road was going where it was. If they had had h§ was certain they would have been there that day. The Chairman, Mr J. E. Story, said he took it some representative of the National Roads Board would be in attendance at the hearing of objections? Mr Burley said that was sof Maori Land Involved Mr* L. Cheal, surveyor, faised the point that a partition of Maori land in the vicinity was almost ready for presentation to the Maori Affairs Department, and that when he was in Wellington recently he had mentioned the possibility of road widening near the Napier turn-off. The Judge had stated he would very seriously object to any Maori land being taken for road widening. Cr Swan said that under those circumstances the Judge should have lodged an objection, because the Ministry's proposal for a strip being taken on the Lake side of the road in that area had been advertised. Mr Gabites said that was so, and that as regards the proposal to take a strip on the Lake side of the road between Waipahihi Avenue and the Old Napier Road the hearing that day was really the last opportunity to object.

Mr Burley submitted, with all due respect, that the Judge would probably be on the losing side. He said that reluctantly, but he thought that if the National Roads Board laid down its policy, that the road reserve was to be provided, it would be provided, Maori land or no Maori land, and of course compensation would be adequate. When the Council met at 7.30 p.m. on the day of the hearing, no decision was made in connection with the foregoing objection to the Council's Town Planning Scheme. A resolution was moved by Cr J. D. Swan, seconded by Cr K. E. Young, and carried, that the matter of the objection be referred to Mr Gabite (Town Planning consultant to the Council) to finalise the necessary procedure. It is understood that it will be necessary for the Council's count-er-proposal to the Ministry of Works objection to be duly advertised so that anyone wishing to object may lodge their objections for hearing at a date to be fixed later. The counter-proposa! is, as reported above, that between Taharepa Road and Waipahihi Avenue the half chain strip be taken on the north side of the road, instead of on the Lake side as proposed in the Ministry's objection to the Town Plan. The Council's resolution reported above is to enable Mr Gabites to discuss the Highway authorities and to finalise the procedure to be followed in connection with the amendment of the Town Planning Scheme required by the Ministry. It appears that there will, however, be no further hearing in connection with the proposed taking of a strip on thei Lake side of the Highway, from Waipahihi Avenue to the Borough boundary at the Old Taupo Road intersection. The Council's decision on the part of the Ministry's objection to the Plan will presumably be given following the later hearing already mentioned.