LAKEFRONT OWNER ASKS FOR RE-HEARING ON ROAD WIDENING

Taupo Times, Volume III, Issue 152, 24 December 1954, Page 5

LAKEFRONT OWNER ASKS FOR RE-HEARING ON ROAD WIDENING

BELIEVES NO DECISION YET GIVEN BY COUNCIL At the Borough Council meeting oh Wednesday, December 15, a letter was received from Messrs Lepine, Morissey and McParland, solicitors for Mr W. H. Farnswortlr, referring to the proposed widening of the lakefront Highway be- / tween the Borough boundary and the Waipahihi Avenue junction with the Highway. Mr Farnsworth owns a property on the lake side of the highway between the borough boundary and the Waipahihi Avenue junction. The circumstances are that the Ministry of Works lodged an objection to the Council's Town Planning Scheme, in that it did not provide for the widening of the highway between the boundary and Taharepa Road. The Ministry stated that a 1J chain road reserve was required, which would require taking a strip of land 33 feet in width along the western or lake side of the highway. The objections to the Town Planning Scheme were heard by the council on September 23, and the council held a special meeting at 7.30 p.m. on that day to consider and decide the objections heard earlier in the day. Appeal Board's Jurisdiction The letter stated that the Town Planning Appeal Board had advised that it considered it had no jurisdiction in the matter, and therefore asked that a re-h^aring of the matter be granted by the council. The grounds for this request included the adverse effect on the property of the proposed taking of frontage for road widening, and that considerable improvements had been effected on the land proposed to be taken, including buildings. It was claimed that notice of the proposal had been inadequate, the only notice being one advertisement in a weekly paper "Taupo Times" of August 20, a month before the date of the hearing, which Mr Farnsworth did not see. Had he been aware of the position he would have lodged formal objection. The letter submitted that land could be conveniently taken for road widening on the opposite side of the road without involving the same loss and inconvenience, and as large a quantum of compensation as would the taking of land on the lake side of the highway. ;

"Decision Not Yet Given,, Mr Farnsworth believed that a binding decision had not as yet been given by the council with reference to the objection, and that the matter should be re-opened and a re-hearing granted. The road widening was not part of the original Town Plan, and was not therefore disclosed on an inspection thereof by residents, and it did seem that there might be some merit in Mr Farnsworth's contention that he had been deprived of the right to lodge an objection, to portion of his property being taken for road widening purposes by reason of the fact that notice had been inadebuate. Mr Farnsworth was informed and believed that other owners of land on the same side of the road as his had been similarly deprived of an opportunity of objecting. The letter concluded by asking that favourable consideration be given to Mr Farnsworth's application that the matter be re-opened with a view to giving the parties affected an opportunity of stating their objections, It also stated that the writers were communi-

cating with the District Commissioner of Works on the matter. , In discussion of the letter, Cr. J. D. Swan considered that the council could not re-open the matter. If they did, other objectors would want their objections reopened. He moved that a reply be sent advising that Mr Farnsowrth should join with other property owners who had recently forwarded a petition to the Town and Country 'Planning Appeal Board. The motion was carried without dissent. In the published "Council Decisions of Objections to Taupo Borough Town Planning Scheme," consisting of the minutes of the special meeting to decide on the objections, held on September 23, the matter of the Ministry of Works objection is dealt with as follows: — "The present route of the State Highway through the borough is satisfactory but throughout its length a road reserve of li chains is required. Objection is made to the scheme in so far as this is not provided for. "Note: A road reserve strip ap- ! oroximately 33 feet in width along i the western side of the State Highway extending from the intersection with the Old Napier Road Northwards to the intersection with Taharepa Road, is required. "Councillor Swan moved, seconded by Councillor Young that the matter of this objection be referred to Mr Gabites (Town Planner) to finalise the necessary procedure." Variation of M.O.W. Proposal It may be noted that the Ministry of Work's proposal, as quoted in the council minutes quoted above, was for a half-chain strip to be taken on the lake side of the road along the full length between the borough boundary and Taharepa Road. The Ministry's representative at the hearing of the objections, however, mentioned that it had been suggested that between Waipahihi Avenue and Taharepa Road the strip required should be taken on the side of the road further from the lake, i.e., the northern side. As this was a variation of the Town • Planning Scheme for which objections had been called, the Minister had pointed out that it should be publicly notified, so that the objections of owners on the northern side now to be affected could be heard. The chairman, Mr J. E. Story, agreed with this view, and the council arranged with Mr Gabites, Town Planning consultant, to confer with Government Departments concerned as to the | procedure to be foilowed.