,

DANNEVIRKE BOROUGH

COUNCIL

APPROVED TOWN

PLANNING SCHEME

(Enacted in pursuance o~ the Town

Planning Act, 1926, and Amend­

ments thereto and Regulations there-

l under) . I

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Priatecl by the Dannevirke EYenial' News.

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TOWN PLANNING ACT. 1926.

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DANNEVIRKE BOROUGH APPROVED TOWN PLANNING

SCHEME.

PART I: PRELIMI NARY.

1. SHORT TITJ,F, AND ARRANGRMEN'l' OF SCHEME :- This scl1eme shall be I'cferre.<l to as "The Dannevirke Borough Town-planning Scheme No . 1 mul is !livitled into the follow­ing parts :-

Part I., Preliminary. Part II., General Regula.tions. Part HI., Application of Scheme t.o Districts . Part IV., Preservation of Amenities. Part V., St11cets· ancl Reserves. Part VI., Miscellaneous.

2. AUTHORITY FOR SCHEME :-This seheme iR enacted in pursuance o£ the Town Planning Act., 1D2G, aml Amendments thereto and Regulations thereunder.

'3. CO:hl ~fRNCE')IENT :- This scbem:e shall come into force on the seventh cla y following· the clay o£ which the T"own Pl1an­ning Board shall have signified its final approval o£ the scheme pursuant to Section 21 of t.he Town Planning Act, 1826.

4. INTERPRRTATION :- In this scheme, . except whPre the coni!ext otherwise requireR, the following clefinitimlR Rhall n.pply:-

(1) DEFINITIONS RELATI NG TO AD)IINISTRATION.

" The said Act" means the 'l'own Planning Aet, 1926, an<l Amendment·s thereto.

"'l'he Boa.rcl" means the. Town Planning Board constituted under the said Act, ancl inrlndes any Committee o£ the Board exercising n.ny powerR cleleg-ate{l to it by the Boa.rcl .

"The Council" means the Dn.nnevirke Borough Council. "~iateri.al Date" means the 20th clay of December, 1908,

(2) DEFINITIONS RELATING TO LAND.

"Court" means any P(rl·I"t o£ a site other than a yard wholly or partly enclosed by the external Wlalls o£ a buildi1ig rmcl used or intemlecl to be usecl as a means o£ lighting and ventilation to any habitable room, office, shop, or workshop.

"Exterior Site" means :'----

(a) A siue having a frontage to more than one street; or

(b) A site which substantially possesses the physical qualiti!'ls as to air space o£ a site defined in (a)

Provided that subject to the provisions o£ Clause. _23 (2) (a) hereof, no fronila.ge shall be considered as such in this cl::mse i£ it is less than the minimum prescribed for the particular district in which the site is si tuatecl.

"Interior Site" means a site other than an exterior site.

"Non-conforming use" means a use of a building or land that does not conform with the regulations of the district in which it is situa-ted as prescribed by this scheme.

"Open Space'' means any land on which th€ erection o£ buildings or other structures exceeding six feet in height is prohibited by law, or by this Scheme, and includes

any land which is for the time being a "yan;l" as herein defined, but does not include a court.

"Site" means an area of land occupied or to be occupied by one building and its accessory buildings and includes:

(a) 'l'he "front yard," . "rear yard" and "side yards" (i£ any) required by these regulations to be provided in connection with any such building;

(b) Any other "open spaee" so required to be provided, and

(c) In every ease the eurtilage o£ any sueh building.

''Site Lines" means the lines bounding a. site.

"Front Yard" means that part of a site consisting of a strip n£ land bounded by the· front line and extending across the full width o£ the site, o£ uniform depth throughout.

"R"-'tar Yard" means that part . of ![1. site consisting nf a strip o£ land bounded by the rear line and extending across the full width of the site, o;f uniform depth throug·hout.

"Side Yard" means that part o£ a site consisting o£ a strip of .lJa;nd bo1mded by a side line o£ the site, o£ uniform width throughout, extending between the front yard, or the front line (if there is no front yard), o£ the site, and the rear yard, or the rear line (i£ there· is no rear yard), thereof. ·

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"Subdivision" includes:-

(b)

(a) Any division o£ land whether ~nto two or more lots notwithstanding that only one or any number less thau the whole of such lots may be intended for disposal; and

Subdivision for purpose of sale, gift, exchange, devise or other disposition aJieeting the fee-simple and lease for any term (including renewals o£ the lease) of -not less than 14 years; and

(c) Subdivision by means of publioation, or deposit,. or lodging in a public office o£ any plan, or the entenng into of any contract, or the making o£ any assurance, or the separating o£ instruments o£ title by which land is held i£ effected for the furtherance o£ subdivision ; and

(d) 'l'he creation of any physioal boundaries or works capable o£ serving as boundaries i£ made for the fur­therance o£ subdivision.

Anti "subdivide" has a e.orresponding meaning.

(3) DEFINITIONS RELATING TO BUILDINGS IN GENEHAL.

"A<;<;essory Building" means a building compnsmg not more than one storey and of a height not exceeding twelve feet, the use o£ which is incidental to that of the main building or to the use of th'at part o£ the land not built upon, and includes a Private Gallage.

''Building' '· means -any structure or erection (even for a temporary purpose) enclosed within walls having a roo£ thereto and cap,able of a:ffordin g protection or sh!elter to persons, a,nimals or chattels.

"E'rection" as applied to a building includes :-

(a) In the case of a building other than an existing building (as herein defined) the r-~-erection or struc­tural .alteration o£ or the making o£ any addition to the building.

(b) In the case of an existing building kts herein de­fined):-

(1) Any re-erection or structural alte11a~tion o£ the building ·undertaken on a single occasion or on more than one oec.asion after the material date, if by the sum of sneh operations the main eontaining walls nf the building are pulled down to the extent o£ more than one-hal£ o£ their superficial area.

(2) The making of any addition to the building, whe­ther structurally attached thereto or not, other than an a.ddition which complies with both o£ the follow­ing conditions:-

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(i ) Do 2s not alone or together with any ~revious additim1 made subsequently to the matenal date measure in floor space more th.an one-fifth of tlw existing floor space within the main containing walls o£ the building.

(ii) Is accessory to the use of the building in accord­ance with the provisions o£ this scheme.

"Existing Buildings" means a building existing or in course o£ construction 0~1. the date o£ coming into force of this scheme and not theren£ter removed to any other site.

"Heio·ht" in regard to a, building means the vertical di~tancemeasured £rom level o£ the ne:arest point on the nearest fQotpath to the highest point of the parapet or coping o£ a flat roo£, the deck line o£ a mansard roof, and to the mean height level between the eaves and level of a gable, hip, or gambrel roof, excluding chimneys, ventilator shuf.s , wat er t~tDks , elevator lo£t.s, steeples, towers and such finials and similar parts o£ the building as constitute only architectural ornamentation.

Where. the building is set back from the street line anr1 situated on ground above the footpath level, then such height shall be measured £rom the mean level on com­pletion o£ . the ground along the external wall nearest to the street.

"Hal£ Storey" mNtiis a storey under a g'lq,ble, hip or gambrel roo.£, the wall plates o£ which on at least two exterior walls are not more' than two feet above the floor · of such storey.

(4)DJ£FINITlONS RELATING TO RESIDENTIAL BUILD­INGS.

"Residential Building" means any building in tended or occupied fnr use in fact used for human habitation, and in the case o£ a building part only o£ which is intended. or occ.upied £or use or in part used £or hl\man habiila.tion means such part. -

"Apartment-house" means any residential building which is <l esignecl, built, let or hired out to be occupied, or whiuh is occ.mpied, as the home or residenee of two or more families living independent ly of eaeh other and with provision £or ('Ooking within eaeh apartment or flat ; and includes tenement houses aind flats .

"Family" inclu<les every :housekeeping unit whether of one or more persons.

"Boarding-house" means a. residential building (not being a licensed or private hotel) containing not more than 15 sleeping rooms (excluding rooms use,d by the proprietor ancl his family or staff), in which board and lodging is provided or is intended to be provided £or five or more hoarcl """S or lodgers, for reward or payment and inelucles

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a residential club m which there are not more than 1& sleeping rooms.

"Dwellino· House" means a separate building· Jesigned £or or occ;pied exclusively as a dwelling £or one f-amily.

"Habitable Room" means a room designed or useu for human habitation but .does not include sun rooms, bath­rooms or toilet rooms.

"Lieensecl Hotel" means u residential building in respect of which there is for the time being in £orc.e a publican's license issued under the Licensing Act, 1908.

"Private Hotel" means a rflsidential building (not being a licensed hotel) containing more than 15 sleeping rooms (excluding ro-ams used by the proprietor and his family or staff), in which board and lodging £or lodgers or boarders is provide,d, or is intended to he provided, £or reward or payment, and includes a residential club con­taining more than 15 sleeping rooms.

"Lodging-house" means a residential building (not being a licensed or priva.te hotel, or boarding house or apart­ment house) in which lodging alone is provided, or is in­tended to be provided, £or · five or more lodgers, for re­ward or payment.

(5) DEFINITIONS RELATING TO NON-RESIDENTIAL BUILDINGS.

"'Garage" means a building or land used £or the housing or care of self-propelled vehicles.

"Private Garage;' means a garage other th•a.n a commercial garage as hereinafter defined.

"Commercial Garage'' means a gana,ge in which-

(i) two m more self-propelled v,ehicles are housed or cared £or i£ more than one of sueh vehicles

are regularly used £or any commerci.al profes-sional or business purposes; or .

(ii) any two or more self-propelled vehicles, used as public conveyances for hire or reward are housed or cared £or; or

(iii) any two or more self-propelled vehicles are housed for reward ; o·r

(iv) any self-propelled vehicle not belonging to. the occupier o£ the premises or his family is main-tained overhauled or repaired. .

"Shop" means a.11y bnd, building or part o.£ a building­on or in which goods are sold or exposed for sale, by re­ta~l, and includes auctioneers' and estate ·agents' pre­mises

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PART II: GENERAL REGULA'riUND .

APPLICA'l'ION FOR BUILDING PER:\llTS :-- Every applica­tion foi· a building permit shall be in writing and shall be

. accompanied by-

(1) A site plan in dup~icats. to .a ~oale of not le~s thn:n 1 inch to lo feet, showmg site hnes, the actual dimensiOn s of the site, and the dimensions a11d position of the proposed building· in relation to the site lines.

(2) Such other drawings and inforlll!ation in detail, in­cluding the description of the materials to be used in its construction, as may be necessary to indicate the external appearance, height and character of the build­ing when erected. The drawings shall be upon s~1itable and durable material to a scale of not less than 1 mch to 8 feet and shaH be in duplicate .

(3) The Coun cil shall be entitled to retain one copy of the plan and drawings referred to above.

f)CHEME TOnE COMPLIED WITH :-Except as herein,.after provided no person shall within any district hereby constituted at ,any time after the coming into forc:c of this scheme, erect, construct, alter, reconstruct, or maintain any building or cause or permit any building to be · erected, constructe.cl , altered, reconstructed or maintained, or carry on or cause or p~rmit to be oa.rried on any industry, business, trade or calling without complying with the provisions of this scheme applic­able thereto, or · use or occupy or cause or permit to be u~;~e.d or · occupied any land cir building to be i.1sed or occupied for any purpose other than one or mor·2 of the permitted purposes of such district hereinafter set out.

NON-COMPLIANCE IN CERTAIN CASES :- Nothing in the foregoing clause shall apply to any ·use of land or of an existing building so lm1g as :-

(a) Such land or building is used continuously only for a purpose for which it was used on the m:•n:rial date; or

(b) Such land or building is used only for a purpose for which it was used on that date and such use has not thereafter been discontinued for ,any period of more than six months; or

(c) · Such land or building is, within six months after the coming into op•:ration of this Scheme used only for a purpose for which it was last used prior to that date and such use has not ,thereafter been discontinued for any period of more than six months; or .

(d) Such lan.d or building is used only for a purpose for which it was used on tl1at dat e and the consent by r..:solution of the Council has been obtained ',;o the re­Stlmption of such use ,;:tfter (tny discontinuance thereof for a period of more than six months; and so long as-

( e) The use of a part only of such· building fm the purpose for whieh such part was used on that date is not extended . to any other part of such building ; or

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(£) The use of a part only of such building for a purpose for which such p(trt· was not use.d on that date has by resolution of the Council been consented to.

Provided that, in this clause-

"Purpose" means general pu'rpose-e.g ., shop as a class and not the further purpose- e.g . butcher's shop as distin­guished from grocer 's shop :

And provided furth.er than any consent grante.d by .the Council under this clause may be for a perwd hmited therein or (lubject to such condition s or restrictions as to user or otherwise as the Council may think fit to impose.

8. REPAIRS TO NON-CONFOiUHNG PREMISES PER­MITTED IN CERTAIN CASES :-A building which is law­fully constructe.d and existing at the material date, but which does not conform to the provisions of this scheme in Tespect to any or all of the provisions relating to· the yard, height, site, area and covetrag1e requirements of the district in which such building is situated, may be repaired so. long as such repair does not amount to "Erection" as hereinbefore defined. Provided always that this clause sh all apply only to repairs effected within twenty-one (21) years 'from ·the material date .

. Provided also that the Council may by resolution consent to the making of repairs under this clause to . a building after the expiration of the said period of twenty-one: (21) years if the Council is of opinion that such building is one of historic interest and is used for a purpose of a public nature.

9. REPAIRS AND RECONSTRUCTIONS PERMITTED UNDER CERTAIN CONDITIONS :- If a building lawfully constructed and existing at the material date , but which does not conform t'o the provisions of this scheme in respect to any or all of the provisions relating to the yard, height, site area and coverage requirements of the district in which such building is situated, becomes cla.maged or -partially (or totally) destroyed by fire, earthqu(tke, tempest, flood or other aet of God, it shall be lawful-

(a) for such buildin g to be repairec1 i11 conformity with the last preceding clause hereof :

(b) for the reconstruction o-r erection of such building to be undertaken or for repairs to be macle thereto not in conformity with the last preceding elause hereof an d notwithstanding that such reconstruction, erection or repair is not such as to cause the buil<1ing to comply with the requirements of this scheme r2lating to the erection of buildings in the district.

Provided that no reconstruction , erection or repair of ,a builc1in o•

pursuant to paragraph (b) of this cla'use shall be lawftJ ex;cept with th-2 precedent consent of a rPsolutioJl of the Council anc1 to such extent and subj ect. to such ronc1ition s as mny be set out in suc:b res.c:ilution and any such ronditions may require partial conformity to the requirements of this sc.heme

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upon the immediate reconstructioJ?-, erecti.on or repair to which consent is o·iven and may reqmre partial or complete con­formity within a' time to be specified in such consent and f~r the purpose of cl.a.use 41 (2) hereof any breach of the conch­tions set out in such consent shrdl be deem~d to be. a breach of the provis~m~s of this sche~e anrl the conbJ?-necl existen?e ?f any such bmldm g afte!' .the bme to be specified as aforesmd contmry to sueh conrhb.o·ns shall be d'eemed t? be the con­tinued existence thereof m fc\, state contrary to this scheme.

SCHEME ~fAY BE APPLIED TO ~ON -CONF<?RMING PREMISES :-The Council may, at any bme, by spemal order, resolve that from a date to he fixed t.h~rein any. lan,d or building shall be subject to all t;he prov1swns of this ~cheme, and thereupon any person havmg ~.ny estate or mt.erest therein shall be entitled to compensatwn from the Council for .any loss occasioned by reason of such special order.

COUNCIL MAY GRANT l!JXEMPTION IN CERTAIN' CASES:-

( a) N otwithstancling the foregoing provisions, .th~ Council ·may consent to the use of. any land or bmlchng for a purpose not hereby authonsed, and S? long as the la.ncl or building is used for such purpose m accordance with the terms of such consent, no o:ffeJHW shall be .deemed to he committed by such use. ·

(b) Such consent shall be grm:ted only op. the. grounds of public convenience or to avmcl undue hardship.

(c) Any such consent may be for a li:m:ited period !la~ed therein and/or subject to such co~uhb~:ms or -r•2stnchons as to use or otherwise as the Council thmks fit .

(d) No such consent shall dispense with the necessity of compliance with the provisions of the ~ealth Act,, 19?0, relating to the establishment rmrl carry.tng on of offenslVe trades .

PERMITTED RATIO OF FLOOR SPACE TO. STREET . AREA :-Except as prescribed in the next succeedmg c1ause hereof no person shall hereafter erect, construct, or recon­struct 'or cause or ]Jermit to be erected, constructed or. recon­structed any building the ap;gregate floor space of whw?- ex­cluding bathrooms, toilet compartments, ha~lwa.y~, cor.nd.o.cs, litt wells and st~rways, and in the case of r~sHlent1al bmldmp:s also excluding storag·~ rooms, exceeds fiv~ tun~s the superficial area of that portion of the street on whwh . It ~ronts. The last mentioned area shall be found by mult=tplymg the mean wirlth of the site by the mean width of tha.t l?ortion of the street which serves as the frontage of the bmldmg. In the case of a building having a frontage to two or more streets, then the area shall be the sum of _the superficial area of such

. portion of each st~eet, ascertained as aforesaid.

13 . . LIMITING HEIGHT AND FLOOR SPACE OF BUILDINGS IN REAR SITES :-In the case of land having access to a fltreet by an access way only, or land situated wholly · or in

part behind the rear boundary of a site having a frontage to a street, the Council may, having regard to the rateable value and proposed use of such land, and to the character and use of other lamls in the same block, permit such land to be usecl as tt site for the purpose of this scheme and may permit the erection, · re-erection, construction or reconstructio!l of buil~­ings on sueh site not exceeding two storeys or th1rt;r feet m heig·ht, having an a.ggreg•ate floor space not exceedmg five tho-usand square feet, and not occupying more than half the land eomprised in the site. The operation of this clause shall be subje.ct in other respects to the eonditiom; imposerl in P.art III. of this scheme.

14 . EXTERNAL COMMUNICATION AND LIGHT :-No. person shall hereafter er2ct, construct, or reconstruct any building or c~tuse or permit any buildin g to be erected, constructed or reconstructed-

( a) Which fails to provide to the satisfaction of the Council adequate means of external communication between any yard or court upon which ·any window opens out of a habitable room, office, shop or workshop, and ,a street or public open space; and no person shall at any time remove or. obstruct, or cause to be removed or obstructed any sueh means of communication; and

. . (b) Unless every habitable room, office or workshop shall

have a window or windows, the glazed areas of which shall be not less than ten per cent . of the floor area of such habitable room, offioe or workshop, and shall open directly on to an open space, court or light •area, the minimum distmJCe across which shall be four inches for every twelve inches of building height permitted in the particular distriet by this scheme provided that where such windows open on to a side yard of not less than the presc1·ibed width the provisions for minimum distanee across the open space herein before required shall not flpply.

15 REQUIREMENTS AS TO BUILDING IN FRONT AND REA.It OI• EXISTING BUILDINGS :-

(a) No person shall hereafter erect, construct or 1~econstruct any building or cause or permit any building to be erected, constructed, or reconstructed in front of any residentifll building unlesR it shall be at least 50 feet distant from such building.

(b) No person shall hereafter erect, construct or reconstruct any residential building or eause or permit any residential buildi11 g to be erected, constructed or reconstructed in the rear of any other building unless it shall be at least 50 feet distant from such b1lilding .

Provided that neither of · the two foregoing conditions sha ll be deemed t o p:-even t the erection of addition R t-o the front or rear of .any building which are so placed and constructed as to form part of a.nd be used in conjunction with such buildin~.

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Provided also that if in the opmwn of the Council compliance in any particu1ar case with the requirements of this clause would produce hardship or is rendered unnecessary by reason of the contours and levels of the site and adjacent sites or the actual or probable arrangements of buildings on adjacent sites the Council may by resolution permit a building to be erected, constructed or reconstructed on .any site notwithstand­ing that the erect•ion, construction or reconstruction thereof may be contrary to the requirements of this clause and may in granting such permission impose such conditions as to the design or material of such building, the location thereof on the site, the use of such building or any other matter as the Council thinks fit.

16 . l\LINIMUM AREAS, ETC., NOT TO BE REDUCED:-----,

(a) No person shall so reduce or diminish any site or cause or permit any site to be so reduced or diminished that the open spaces thereof shall be smaller than prescribed by this scheme.

(b) No person shall reduce the ghzed area of any window, or eause or permit such area to be reduced below the minimum prescribed by paragraph (b) of clause 14 hereof.

(c) No portion of a yard of minimum requirements or other op2n space required about any building shall be taken into account in computing the are.a. of any yard or open space for any other building.

"Provided that for the purpose of Cl·ause 14 (b) the effect of a ,duly registered easement of light and air shall be taken into account.''

17. FENCES ETC., TO COMPLY WITH REQUIREMENTS AS TO BUILDINGS :-Where land is used for the erection or placing o£ a fence, hoarding or other similar structure exce-ed­ing six feet in height above the ground level and not being a building, such fence, hoarding or other structure shall comply with the height, yard and building line requirements here­irmfter provided in the same manner as if it wel"e a building.

18. MAXIMUM HEIGHT OF HEDGES, FENCES ETC., ON ' STRE'ET CORNERS :- No person shall in or upon any land to which this clause ·applies:- ·

(a) Erect or cause or permit to be erected, any wall, fence or other structure, to a height: greater than 3 feet above ground level;

(b) Increase the height of any existing wall, fence or other structure to a total height greater than 3 feet above ground level;

(c) Suffer or permit :any hedge, shrub or other growth to exceed a height of 3 feet or to be maintained at a greater height whether planted before or .after the coming into force of this scheme, and whether such height has been attained before or after the coming into force of · this scheme.

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Provided that in any particular oase the Council may, on the grounds that non-compliance with the provisions of this clause would not prejudicially affect the visibility for tr.affic pur­poses, and not otherwise, resolve that this clause shall not apply.

This clause shall a.pply to those portions of the yards of any sites situated at or near the intersections or angles of streets bound­ed by straight lines where the gener.al ,directions of such streets change by more than 45 degrees, bounded (a) by the street frontages extending between points each distant 20 feet in either direction from the corner, and (b) by a straight line joining the first-named points.

19. :J1AXUIUM HEIGHT OF HEDGES, FENCES, ETC., NEAR WINDOWS :-- No person shall, upon any site, within 10 feet of a window of any habitable room on •an adjoining site, here­after erect, construct, re-erect or re-construct any fence wall hoarding nr any other: structure whatsoever to a height of more than 6 f!3et above the average ground level, nor permit any hedge trees bushes or other growth to attain a height greater than as aforesaid.

20. REGISrrER OF EXEl\1PrriONS :-The Council shall keep, so ·as to b~ available for inspection at all reasonable times by any person . interested, a register of exemptions granted under this Scheme, the reason for such exemptions and the conditions, if any, subject to which the exemptions have been granted.

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This block is loaned by the courtesy of the Editor of the ·Bulletin of the

Town Planning Institute of New Zealand (Inc.)

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PART III.

APPI_~ICATION OF RCHEME TO DISTRICTS.

21. CLASSIFICATION OF DISTRICTR :--

(1) For the purpose of this Scheme the territorial area of · the Dannevirke Borough is hereby classified or divided

into districts, and such districts are hereby designated and described by the following dassifications, that is to say:-

( a) Special Residential Districts . (h) General Residential Districts. (c) Local Commercial Districts. (cl) General Commercial Districts. (e) Light Industrial District.s . (f) Heavy Industrial Districts.

(2) 'rhe boundaries of the said districts are those describe<l in the schedule hereto and the said districts as defined by such boundaries are hereby declared to be the exact districts referred to in the various provisions of this scheme applicable thereto.

(3) 'rhe term "Residential District" includes special resi­dential districts and general residential districts, and the term "Imlustrial District" includes light imlnstrial dis­tricts •and heavy industrial <listrid.s, and the ter;m "Com­mercial District" includes local commercial districts and general commercial districts.

22. :MINIMUM: SITE AR:BA AND FRONTAGR IN RESIDEN­TIAL DISTRICTS .

(1) (a) No person shall in any residential <listrict erect any dwelling--house on any site having ·an area of less than 25 perches or a frontage of less tlmn 5{)1 feet to some'

street.

(b) Any person consicleriug himself aggrieved by the operation of this claus : may appeal to the Board, which af:;er r;onsidering n recommendation of the Council in the maHer, may QTant exemption from the provisim1s of this clause, subject to such conditions as it may see fit to impose.

(2) Nothing in Sub-clause (1) of this clHus2 shall apply to the erection of a clwelling-house on a site com.prising the whole of a parcel of land which is, prior to the date on which this scheme comes into force-

( a) Shown on a plan of subdivision deposited in the Land Transfer Registry or the Deeds Registration Office or approved by the Council; o.r

(b) Held by a separate convey,ance or certificate of tit.le; or

(c) Occupied at the elate on which this scheme comes into force as a separate holding for one of the permitted

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uses set out in Clauses 24 and 25 hereof and contain­ing not less than 20 perches and having a frontage of not less than 0;) fed to Rome street.

(3) N otwithstalHling anything to the contrary in Sub-dauses 1 and 2 hereof the minimum area and frontage of any rear or back site on which a (lwelling-house may be erect­ed where there is a front site between the said rear or back sit2 and the ]Jublic street shall be as follows:-

The minimum area shall be forty perches and as or for frontage such rear or back site shall be directly conned­eel to the public street. by a strip or piece of land the pro­perty of the owner of such rear or back site, at least 12 feet wide, but Tiot more than 198 feet long, but the sai(l strip or piece of land shall not be computed or inrluded in the said minimum area of 40 perches.

(4) (a) No person shall subdivide any land ina special resi­dential clistrict or general residential district so as to produce a: subdivision having nn area or frontage less respectively than the mi11imum nre·a or frontage of a site on which by the operation of this clause the erection of a rlwelling-house is permittecl.

(b) No person shall subdivide any land in any commer­cial or i·ndustrial district so as to produce n. subdivision

·having a frontage of less than 24 feet .

Provided thnt the restriction imposed by this sub-clause shall not apply to a parcel produced on subdivision if the Council is Rat­isfied that such subdivision is int.ende(l solely for tlw acljust-

ment of boundaries, or that such parcel is intended to be vest­ed in a public co.rporation for the erection of an electric or drainage substation or some similar purpose of public utility.

:!.3. CONDITIONS UNDER WHICH RESTRICTIONS ON BUILDINGS AND LAND ARE TO APPLY.

The permitted uses, height, open spaces, site area and cov­erage in the respective distriets shall b e those hereinafter set out, provided that:-

(1) It shall not be necessary to provide side yar(ls the com­bined width of .which exceeds one fourtl1 of the mean width of the site save that nothing ii1 this proviso shall be deemed to dispense with the requirement of a side yard in every ease of at least four feet in width.

(2) (a) In the case of a site having, or capable in the opin­ion of the Council of being regarded as having, more than one frontage, or the site lines of which the Council considers should be defined, the Council may at any time by notice in writing call upon the owner (or .any 'one of the co-owners) thereof to declare in writing to the Coun­cil, within fourteen clays of the service upon him of such notice, and with reference if needs ,be to a plan to be annexed to his dechwation, what frontage he regards as

tht [ront line of the site and what boumhries he reganls as \ he rear line of the site and the side lines thereof re­spc.ctively.

(b) If any declaration is incomplete or ambiguous, or in the opinion of the Council is otherwise unsatisfactory, or if no decla:ration is delivere.d to the Council within

the time prescribed as aforesaid, the Council by resolu­tion may declare the matters required to be set oRt in such declaration and may by subsequent resolution from time to time revoke or amend or replace any such resolution.

(c) The requirements of this scheme as regards front yards, rear yards, and side yards shall apply to any site according to the effect of any such declaration or resolution as aforesaid for the time being in force.

(3) No ]Jerson shall erect any building on any front yard, rear yard, or side yard, and all such yards shall be left unoccupied and unobstructed from the ground upwards, provided nevertheless t.hat :-

(a) accessory buildings may be erected on any rear yard i;£ such accessory buildings do not exceed 12 :feet in height and do not occupy altogether more than 20 per cent. of the area of such rear yard.

(b) on sites upon which at the date of the coming into · force of this scheme a building· is or buildings are

erect,ed the Council by resolution may permit the erection of accessory buildings in the most suitable positions notwithstanding any restrictions in this scheme as to building on yards, if compliance with the provisions of the scheme would entail unreasonable alteration to the existing layout of the site.

(e) on sites upon which at the date of the coming· into force of this seheme ,a building is or buildings are not erected then the requirements of this scheme as to the erection of aceessory buildings shall be adhered to un­less the physical features of the site are such that ad­herence to same is unreasonable, when the Council may use its discretion as in the last prf)ceding para­graph.

(d) if in the O]Jinion of the Council compliance in any particular case with the requirements hereinafter set out relating to the depth and width respectively oi yards in a spec:ial residential district or a general resi­dential district would produce hardship and is render­~d unneeessary• by reason of the contours and levels of the sit.e and adjacent sites or the actual or probable arrangements of buildings on adjacent sites the Coun­eil may by resolution permit a building to be erected, constructed, altered, or reconstructed on any site not­withst•anding that the requirements aforesaid relating to the depth ctnd width respeetively of yards are not eomplied with and may in granting sueh permission

15

substitute such other requirements as to depth or wid ~Jl and impose such conditions as to the design or material of such building, the location thereof on the site, the use of such building or any other matter as the Council may think fit.

( 4) No person shall in any commercial or industrial district erect any building directly fronting a street unless the facade thereof is not. less than 16 feet in width.

( 5) In addition to the limitation of height imposed by Clauses 26, 27 and 28, no person shall in any commercial or industrial district erect a building directly fronting a street of a height greater than two storeys or 30 feet. where the width of the facade is less than 20 feet, or o£ a height greater than three stor2ys or 45 feet where the width of the facade is not less than 20 feet but less than 24 feet.

24 . SPECIAL RESIDENTIAL DISTRICT.

(1) PERMITTED USES: The use o£ land or buildings for the purpose of :~

(a) Dwelling Houses.

(b) Apartment Houses, provided that such apartment houses are designed for use by no~• more than two families and are not erected on sites having an area of bss than 30 perches or a frontage o£ less than 65 feet to some street .

(c) Churches.

(d) Educational Institut,ions, museums, · art galleries, and libraries. • J

(e) Parks, play grounds, recreation g-rounds and scenic reserve!'\.

(f) Farming, including pastoral and agricultural and dairy :fd.rming, market gardens, nursery gardens and £ores ~ol purposes. ·

(g) Professional offices situate in a dwelling· permitted under this clause, so long as the dominant use of thf{ premises is for the purpose o£ a dwelling-house.

(h) Fire stations and electrical substations, transformers , drainage stations and omnibus and tnamway passenger shelters.

(i) Buildings accessory to buildings used for any of the foregoing purposes or to the use of land for any of the foregoing· purposes.

(2) HEIGHT. The height of a building shall not exceed two and a hal£ storeys nor 35 feet.

(3) FRONT YARD. A front yard shall be provided of not less than 15 feet in depth, provided th1'1.t in the case of a

16

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site abutting on a st;reet of less than 66 feet in width and which has not been exempted from further widening the .depth of the front yard shall b il not less than 48 feet de­creased by the distance between the original centre line of the street and the front line of the site.

( 4) REAR YARD. A rear yard shnll he provided of not less ' thnn 25 feet1 in depth provided that where any rear yard is bounded at the rear by a public open space, lane or access way the Council may reduce the depth of such rea.r yard to not less than 15 feet. ·

(5) SIDE YARD . A side yard shall be provided on each side of the main building o£ not less thm1 5 feet in width subject to the proviso contained in Clause 23 (1).

(6) COVERAGE . . The portion of the total area of a site that may be covered with buildings other than accessory buildings shrtll not exceed:- · ·

(a) In the case of dwelling houses~ (i) Interior sites 35 per cent. (ii) Exterior sites 45 per cent.

(b) In the case of other buildings­(i) Interior sites 50 per cent.

(ii) Exterior sites 60 per cent.

25. GENERAL RESIDENTIAL DISTRICTS.

(1) PERMITTED USES. Any of the uses permitted in Speeial Residential Districts ~and also the use of land or buildings for the purpose of:~

(a) Apartment houses, tenement hous2s an.d flats.

(b) Boarding-houses, lodgi11g-houses, private hotels and private dubs, residential .or non-residential.

(c) 'Public and Private hospitals, nursing homes imd con­valescrnt homes exchu:ive of institutions used for in­fectious dise~ses, and of premises used . for the· treat-ment of animals . ·

(d) Buildings accessory to buildings used for any of the foregoing purposes or to the use of lancl for any of th·? foregoing purposes. '

(2) HEIGH'l'. The height of a building shall not exceed three storeys nor 45 feet .

(a) FRONT, REAR and SIDB YARDS . The provision of · Clause 24 of this scheme relating to front yards, rear

yards and side yards in Special Residenti1~l Districts shall apply also t.o General Residentifll Districts.

(4) SITE AREA.

(a) Save and except in the case of an hotel, boarding­house or lodging house, no person shall use or cause

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26.

or permit to be used any resi<lential building to accom­modate a gT;c>ate.r number of families tha.n thP number obtained (fr~wtim1s hE>ing llisreganle<l) hy llividing the total area in square feet of Ruch site by 1800.

(b) No apartment house shall he erected on .a site -having an area of less than 30 perches or a frontao·e cif less · than 65 feet to some street. "'

(5) COVERAGE. 'l'he portion of the total area of a site that may be covered with buildings, excludino· accessory buil<lings, shall not exceed- "' ·

(a) In the case of dwelling-houses--(i) Interior sites 35 per cent. (ii) Exterior sites 45 per roent.

(b) In the case o£ other huildings­(i) Interior sites 50 per cent . (ii) Exterior sites 60 per cent.

LOCAL COMMERCIAL DISTRICT.

(1) PERMITTED USES: Any of the uses permitted in .. Ge1ieral Residential districts prnvirlecl that such uses shall be governecl hy the regubtionR hairl down for o·en­eral residential districts, and alRo tllP use of land"' or buildings for the purpose of:-- ·

(a) Retail shops and auction rooms.

(h) Professional and commercial offineR, banks and ex­changes.

(c) Ba~eries, laundries, pri~lting houRes, clyeing and cleanmg works. · .

Provided that none o£ the purposes enumel"ated in this item shall be deemed a permitted use o£ a Local Comm~rcial District if the building, or premises, or connected buildings' or premises, or part of a building or premises, used in connection with the und 2rtakin g occupy altogether a t.otal :floor space on all floorR so used exceeding five thousand square feet in area.

(d) Any proceRs of manufacture of goods sold hy retail on the premises and not sold elsewhere . . · 1 I

(e) Theatres, halls and places of public and private en­tertainment, and public and private assembly.

(£) Licensed hotels.

(g) Public gamges and stores for the sale of petroleum by retail, having no entrance or exit for motor vehi­cles within two hundred feet of an entrance or exit of a fire station, public school, private school, play­ground, public library, nhurch, hospital, children's home or gld peoples' home, or other similar public or semi-public inRtitnt.ions.

(h) Buildings ancessory to buildings used for any o£ the

1$

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27.

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· foregoing purposes, or to the use of land £or any of the foregoing purposes.

(2) A front y.ard shall be provided of not less than 10 feet in depth, provided that in the case of a site abutting on a street of · less than 66 feet in width and which has not been exempted from further widening . the depth o£ the front yard shall be not less than 43 feet decreased by the distance between the original centre line o£ the stre<:>t and the front line of the site.

(3) HEIGHT. Subject to the provisions of sub-clause 5 o£ Clause 23 the height of .a building shall not exceed three storeys nor 45 feet.

(4) REAR YARDS, SITE AREA and COVERAGE. The provisions o:f Clause 25 of this scheme rela,ting to roor yards, site area and coverage requirements in General Residential Districts, shall apply also to a local Com­mercial District.

(5) SIDE YARDS. On a site which adjoins any residential · district without the intervent.ion of a street or public open space, a side yard shall be provided on the side ad­joining of not less than five feet in width.

GENERAL COMMERCIAL DISTRICT.

(1) PERiY.EITTED USES. Any of the uses permitted in ·Gmeral Residential Districts, and also the use o£ land or buildings for the purpose o£ :-

(a) Retnil shops and auction rooms . . (b) Any process of manufactlue of goods sold by retail

on the premises and not sold elsewhere. (c) Professional a1Hl. eommercial offices, banks and ex­

ehanges ,

(d) Wholesale shops, warehous~s ttnd stor~houses, and .£or the purpose o£ any coinmermal · or trac))ng undertakmg permitted in a Light Inc1ustrial District, but not for the purpose of :-

(1) A farrier's or bhtcksmih's shop.

(2) Bottling-works.

(3) Timber-yards, buih1ers' yards, coal yards, depots for the storage of coke or firewood and other open air stores for materials.

( 4) The yard of a carrier, expressman or cartage con-tractor. '

( 5) Cooperag·e works.

(6) An ice making plant or we store of more than five ton capacity.

(7) Livery stables.

(8) Machine shops .

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(9) Veterinary hospitals and boarding kennels.

(10) Wholesale milk distributing stations.

(e) Bakeries, lauJulries, printiiig houses, dyeing and clean­ing works, coi1fectionery factories and factories for the manufacture of jam, pickles and other works in connec­tion with the pres2rvation of fruit.

Provided that none of the purposes enumerated in this item shall be deemed a permitted purpose of a Commercial District if the building or prmises or connected buildings or premises or part

, . of a building or premises used in connection witih the under­taking· occupy a total floor space on all floors so used exceeding fiyp thousand square feet in area.

(f) Theatres·, halls and places of public and private enter­. tainment and public and private assembly.

'I . (g) Lice'nsed hotels.

. . (h) Public garages and stores for the sale of petroleum by retail having i10 entrance or exit for motor vehicles .within two hundred fed of an entrance or exit of a fire

· staiiion, public school, private sdwol, playground, publie library, church, hospital, children's home, or old people's home or other similar public or semi-public institution .

(i) Buildings accessory to buildings used for any of the foregoing purposes or to the use of land for any of the foregoing purposes.

(2) Height: Subject to . the provisions of subclause 5 of . clause 23 i1o building shall be erected hereafter so as-

( a) to -excee_d five storeys or 60 feet in height; (b) to project above a pla.ne intersecting the ground

lev2l on the opposite side of the street and drawn at an angle of 45 deg. with the horizontal. ·

ProVi<1ed that if a building a:butts on two intersecting streets of difleron t w:i<lths the height of that part of the building which extends from th2 point of intersection <llono· the narrower street for a distance equal to the width of th; narrower street shall he determined by the width of the wider street.

(3) Si<1e Yards: On a sib which adjoins ·a Resicle~tial Dis­. trict with~:mt the intervention ?£ a street o~ public open space, a sHle yard shall he provided on the side so adjoin­ing of ·not less than five feet in width.

(4) Site Area: Save and except in the ease of an hotel · · boardinghouse, or lodging house, no person shall use o;

cause or p2rmit to be used any residential building to aecommodate a greater number of families than the

, !lumber obtained (fractions being disregarded) by divid-mg the total area in square feet of such site by nine hundred. ·

(5) Coverage: The portion of the total area of a site that may be eovered with buildings other than accessory buildings shall not exeeed_:_

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(a) In the case of buildings other than .residential

huildings-

(i) Interior sites 80 per cent. (ii) Exterior sites 90 per cent.

Provided that in the case of a site the rea.r or side line of which is bounded throughout its entire length by a street, or by a right-of-way or other open spaee-

(a) existing a:t the material date, or . (h) created or provided after such date and not bem g

less tha;n 16 feet in width,

one h alf of the rermi.inder of the said total ar2a may be. cover~(1 with buildings of one storey and not exceeding 18 feet m height .

In the ease of residential buildings­

(i) Interior sites 50 per cent . (ii) :Exterior sites 60 per cent .

Provided that. in the case of a building used partly for commercial purpos 2s and partly for residential purposes, the tot:=-tl flo_o~· area of any storey use(l wholly or partly for residential purposes shall not exeeed- .

(a) Interior sites 50 per cent. of site area. (b) Exterior sites 60 per eent. of site area.

28 . LIGHT INDUS;rRIAL DISTIUC'r. Permitted Uses: The use of land or buildings for any purpose except for the purpose of-

(a) Slaughtering-houses and abattoirs. (b) The manufacture or storage of coal gas, acetylene gas

or any other gas, and coke ovens. (e) Ir-on, steel, brass or copper foundries or boiler works. (d) Smelting works and blast furnaces. (e) Cement-hag cleaning works. (f) Breweries. (g) The manufacture or storage of any explosive within

the -meaning of the Explosive and Dangerous Goods Act, 1908 .

(h) The refining of petroleum as defined by the Explosive and Dangerous Goods Act, 1908, or the storage thereof in quantities exceeding 10,000 gallons.

(i) The manufacture of creosote or the wholesale applica­tion of creosote to- any material.

(j) The manufacture of oilskins and indiuruhber goods. (k) The manufacture of paint, oils, shellac, turpentine or

varnish . (l) 'l\mbermills, including sawmills, planing-mills, and

wood working ma chinery of a kind not usually employed in a cabinet m~1 king business.

(m) Cattle Raleyan1s as defined in the Health Act, 1920,

~1

(n) Every tmde, business manufacture or undertaking which i~ for the time being an offensive trade within the meaning of the Health Act, 1920.

Height, Side· Yards, Site Area n.n<l Co.vernge: 1'he provisions of <'lause 27 of this scheme relating to height, side ;arcls, site ar<>a and roverage in general Commercial Districts, shall apply to Light Industrial Di trict .

29. HR<:\_ IT IND TRIAL DI"TRICT. Permitted e : The u er. enumerated in the foregoing clau es and any other use not rontrary to law.

Height, Side Yards, Site Area and Coverage : The provisions of Clause 27 o£ this scheme relating to height, side yards, site area and coverage in General Commercial Districts shall apply also to Heavy Indu trial Di tricts.

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PART IV.: PRESERVATION O:B AMENITIES.

3J. EXTEltNAL AJ:>PEARANUE OF BUILDINGS:

(1) The Council may, within twenty-eight days after the submission to it of an application for a building permit, refuse to o-rant the permit on the grounds that the ex ~ernc.l appearance of the propo ed building would disfigure the locality or tend to depreciate the value o£ adjoining propertie , and shall forthwith give to the applicant, written notice of ill refusal and of the reasons therefor. I£ the Council does not within the period specified, or within such longer period as the applicant may agree in writing to allow, give notice to him of its decision r efusing to grant the permit, its approval shall be deemed to have been given.

(2) For the purpo es of this clause the Council shall con­titute in the manner hereinafter provided a Tribunal of

appeal (hereinafter referred to a "The Tribunal."

(o) Within twenty-eight days after receiving notice of the ·council's refusal, the applicant i£ aggrieved by that 'decision may give notice in writing to the Town Clerk of his intention to appeal to the 'rribunal and shall in such notice state the grounds of his appeal.

(4) Within twenty-one days after the receipt of notice o£ appeal the Council shall -appoint the members of the 'rribunal and appoint a time (not being more than one month after receipt of notice of appeal) and place £or hearing the appeal, and g·ivc written notice thereof to the appellant.

(5) The Tribunal shall proceed to hear and determine the appeal at the tlime and place fixed by the Council, but hall have power to adjourn the hearing from time to

time. The deci ion of the Tribunal shall be final and shall have effect a i£ it were the decision o£ the Council. I£ the Coun ·il doe ' not within the period pecified convene a meeting of the 'l'ribunal and refer the matter in dispute to it, the appeal shall be deemed to have succeeded.

(6) (a) . The Tribunal shall consist OI three persons or whom:

' (i) One shall be a reg·i tered architect ·appointed by

the Council from a panel of three regi tered architect nominated by the Pre ident of the New Zealand In titute o£ Architect ; -

(ii ) One shall be a regi tered surveyor appointed by the Council hom a panel of three reg-istered surveyors nominated by the President o£ the New Zealand Surveyors' Institute.

(iii) One shall be a licen ed land agent appointed by the 'ouncil from a panel of three licen ed land ao·ents, nominated by the Pre ident o£ the Real Estate Institute o£ New Zealand.

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(b)Two members of th2 Tribunal shall foTm a quorum. At any meetings at which all three members of the Tribunal are present all matters shall be decill ed by the vote of a maj ority of the members (for which purpose the Chairman shall have a delib erative but not a casting vote), but at meetings at which only two members are present no rn 'l.tter shall be decided oth 2nvise than by agreement between such members.

(c) Any person who is a mem her of the Council or is fin an­cially interest 2d in any matter submitted t o the Tribunal for a<lju(lication shall be disqualified from acti11g as a member of the Tribm1al. ·

(d) The Col{ncil shall appoint one of the members of the Tribunal to he Chairman.

(c) Unl2ss the Tribun al is of opin ion that the appeal can properly he determined without a hearing they shall R·B'onl ~l1e ap~lelLwt and the Com,1cil an opportunity of appeanng before them .

(f) 'l'he Tribunal shall give their decision in writin g and shall fort11with sen cl it to th e Council, aml a copy thereof to the appellant.

(g) The Council may pay the members cf the Tribunal such reasonable ff::es ai' d expenses as may be agTeed.

;n. PRESEHVATION OF TREES:

(1) If at any time the Council having regard to the amenity of any par b of the Borough if of opinion that any growing tree exce;,ding 0U feet in height or exceeding 2 feet in girth at a height of5 feet above the ground, or any group of such trees, ought to be preserved , the Council may enter particulars thereof in a Register of Trees to he kept at the office of t he Council; and shall forthwith thereafter notify the owner a~ul occupier of the land upon whiuh the tree or gToup of trees is growing that the same has b een registered ; the Register of Trees shall be open to inspection by persons inter2st sd at all reasonable times.

(2) No perso.ns shall without the written consent of the Courcil cut down or wilfully destroy or damage all Y trees reg-istered by the Council as aforesaid, provided that the Council 's consen t shall be rleemed to have been given if the Council does 11ot, within one month after receiving a written application for its consent, give written notice t o th e applicant refusing the same.

02. CONTROL OF ADVERTISING:

(1) For the purpose of this clause-"Poster" includes any poster, placard, h an dbill, writing, picture, or cbvice for a rlvertisi11 g or other similar purpose or any painting, engraving , carving, illuminated sign, or other device for any such purpose ~•.s ~lforesai.d ·whether

n.:ffixerl t o or i1: corporate cl with the f,xterior or interior of any building or to or with a part of any building or other

24

(., ,

erection and whether permanently or temporarily so affixed.

"Signboard" means a board, hoarding, sign h oard , bill­board or other erection primarily intended or adapted for the display of posters; and includes ally poster displayed on a signboard .

(2) This clause shall not apply to ai1y poster' or signboard not visible from a street or other public pla.ce.

(3) 'rhis clause shall not apply to any poster or signboard of r easonable size and serving only to denote the street number of any premises, the name of any residential building, or the name, character or purpose of any public or other institution or premises.

(4) No person shall erect, or construct or display or cause or permit the erection or construction or display within any residential district of an y sign-board or poster except:-

(a) Signboards not exceeding twelve square feet in area erect ed in connection with a church, school, public museum, library, hospital , nursing home, or con­valescent home.

(b) Signboards none of which exceeds six square feet in area appertaining to the disposal of the land or premises on which it is situated.

(c) Signboards none of which exceeds two squarefeet in area attached to a residential building used for pro­f;,ssional or business purposes, and bearing only the name, occupation, and hours of attendance or business of a person so usiil_g such building.

( rl) Signboanls relating to an audion sale to be held on the premises on which the signboard is erected and so erected a11d displayed on the day of such auction or

any of the seven next preueding days.

33 . SAVING FOR EXIS'l'ING HOARDINGS :-Nothing in the last preceding clause shall prevent the continued use of hoard­ings or similar structures erected or in use for advertising purposes at the date of the approyal of this scheme, or the display of any poster thereon, for five (5) years from the date M the approval of this sch eme.

34. l\IAINTENANCE OF PHIVA'l'E GARDENS) E'rC.:-

(1) Where in the opinion of the Council the condition of any building, fence, hedge, garden curtilage, private · open space or the h eight of any tree or trees in the area is such as to inte.rfere with the amenities of any district or te~ll1s to the cl epreciation in the value o.f adjoining properties or interferes with the reasonable enjoyment of his property by a nei11:hbouring property owner or occupier, such condition shall for the purposes of this scheme be cl ee.m.ed to be a nuisance and the Council may serve a notice on the person by whose action or omission

25

the nuisance referreu to arises (incluclinl?· the owner of unoccupied premises) requiring him withm a reasonable time to be specified in the notice- not being less than one month- to take action and to execute such works, in­cluding works of r emoval, a.s may be necessary to abate th e nuisance.

(2) If the person on whom the notice is served as aforesaid, fails to comply with the notice, the Council may itself undertake the necessary works and r .:cover the cost from the person on whom the 11otic:e has been served .

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PART V.: PROPOSED STREETS AND RESERVES:

35. RESERV A'riON OF LANDS FOR 8TREET.S AND RESERVES:

(1) The wirlth and position of all proposed new streets and street widening-s are rlescrihed in the Second Schedule attached hereto, and shown by r eference numbers on Map No. 2 (which may he insperte(l <tt. the Offi cp of · tihe Borough Council).

(2) The position of all proposed reserves is described in the third schedule hereto nud shown by r eference numbers on lHap No.2.

(:1) The streets to be closed <tre described in t he sixth Sche­dule attached hereto and are shown by r eference num­bers on Map No. 2.

36. BUILDINGR NOT 'L'O BR RRRCTED ON RRRERVED LANDA:- .

No building, whether permanent or temporary, shall be erected or other work of a permanent chara.cter done upon any land r eserved for any of the purposes describ­ed in Clause 35 above, and no permanent• excavation shall be undertnh:en on or near thereto, except with the prior eonsent of the Council, an d upon such terms and con­ditions with rega-rd to the pulling down, removal, alter­at~on or restoration or otherwise, as the Council may re­qmre.

37. COUNCIL ~JAY VARY POSITION OF PROPOSED S'l'RERTS :-

The Couneil may by agreement with the owners, vary the position o£ any proposed street shown on the map, and provided that such variation complies with the general

intention of the original sch eme then sueh alteration shall not be deemed to he an altera.tion to the scheme within the meaning of Redion 23 of the Town-planning Act, 1926.

38.

39.

PART. VI.: MISCELLANEOUS .

SAVING- FOR AGlHCUL'l'URAL BUILDINGS : It is hereby <ledared that the provisions o£ this Scheme re­

lating to buildings shall not apply to a.ny building, or to its erection, on land which for the time being is used ex­clusively or principally for agricultural, horticultural or pastoral purposes, or for the keeping o£ bees or o£ poultry or other live-stock, by a person whose income or a sub­stantial part thereof is derived £rom the use o£ that land £or any such purpose or purposes, i£ such building is or is intenflefl t.d be used for any such purpose or purposeR, or is or is intended to be oecupiefl aR a flwelling house by the person using sueh land as aforesaid, provided that the provisions o£ this elause shall not apply to a build­ing whose site is reserved under Part V. o£ this Scheme £or a purpose the carrying out o£ whieh would necessi-tate the removal or alteration o£ t.he building .

EXCLUSION OF CLAUIR FOR COMPENSATION:-

No compensation shall be payable in respect o£ the in juri- · ous affection o£ property by the coming into force o£ any of the provisions o£ tJ1is Scheme, other than the provisions r.ont.tined in Clauses 10, 35 and 36 hereof .

40. SCHEME TO PREVAIL OVER RY-LA WS :-

The provisions of thiR scheme shall take effect notwith­standing any By-laws for the time being in force in the Borough o£ Dtmnevirke and where there is any incon­sistency between the provisions of this scheme and the provisions o£ the Hy-bws the provisions o£ this scheme shall prevail.

41 . OFFENCES AND PENALTIES:-

(1) Any person who commits, or knowingly permits, any breach o£ the provisions o£ this scheme, or who neglects ' or £.ails to comply with any o£ the provisions hereof shall · be guilty o£ an offence.

(2) Any person guilty o£ an offence under this scheme shall be liable to a fine not exceeding £5, or where the breach is a continuing offence, then to a fine not exceeding· £2 £or every day or part of a day during which such breach cont~1ues . •

(3) The continued existenee o£ any work or tl1ing in a state contrary to this scheme shall be deemed a continuing offence within the meaning o£ this clause.

42. ENFORCEMENT OF SCHEME:-

(1) The Council may pull down, remove or alter any work material or thing erected or being in contravention o£ this scheme, and in respeet o£ the erection, existence or eont.inuan ce of which a conviction has been obtained, and may in any court of competent jurisdiction recover £rom the person so convieted all expenses incurred by the Council in cmmE'dion with such pulling down, r~­moval or alt.era.tion.

(2) 'l'he Council may destroy or sell or otherwise disp.ose of any materials taken in the course of any pullmg down, removal or alteration ~s aforesaid and in the case of tha sale of any such matenals may apply the procP;eds thereof or any part o£ such. proc~eds toward~ the ex­penses incurred in connectiOn w1th sue~. pulhng down, removal or alteration and the surplus, 1f any, shall be paid to any person establishing his right thereto as owner.

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FIRS'r SCHEDULE.

HEAVY INDUSTIUAL DISTRICT.

All that area situated adjacent co the Mangatera Railw~1y Station and bounded to the South by ltuahine Street, to the East by Otanga Street and the Railway boundary, to the North by the Borough Boun~ary, and to theW est by Carlson Street.

This a,rea is comprised in the following Deposited Plans :--Lots 4 to 12 inclusive ... D.P. 559 Parts Lots 13 aniL14 ... · .D.P. 559 Lots 1, 2, 3 .. .. ... . .... . . .. ·D.P. 1775 Lots 1, 2, 3, 4 .. .. . ....... D.P. 4345 Lots 1 to 23 inclusive ... D.P. 2059 Lot 4 ........................ D.P. 558

Also that area to the West of Carlson Street comprised in Lots 24, 25, 27, ;?,8, 29, 30, 31 D.P. 2059.

'rhese areas are more particularly delineated on Map No. 3 ( clep·osited at the office of the Bm:ough Council) and thereon coloured purple and double hatched in purple.

LIGH'r INDUSTRIAL DISTRIC'r. All that a.Tea bounded to the North by McCallum Street, to

the East by :Jhllers Street and to the South by the boundary of the To·wnship Sections 42/43 and to the West by the Tapuat.a Stream.

This area is comprised in:-Lots 1 to 6 inclusive ... D.P. 584 Lots 1 to 9 inclusive ... D.P. 4297

I •

The whole of the Township Sedion 41, Lots 1 and 2 .. . .. .. . .. ... .. D.P. 4342 Lot 1 . ... .. .. .. . .. ... .. .. .. .. D.P. 4486

All that area bounded to the North by Denmark Street, to the East by London Street; to the South by lVlcOallum Street, and to the West by Dublin Street.

'fhis area is comprised in:-I ... ots 34 to 49 in d usi ve D.P. 280

All that area bounded to the North by Denmark Street, to the East by JVEllers Street, to the South by MeCallum Street a.nd to the West hy I,ondon Street.

This are<L is eomprisecl in:-Lots 10 to 21 inclusive D.P. 280 Part Lot 22 ............... D.P. 280 Lots 1 to 8 inclusive ... D.P. 6037

All that area bounded to the North by Stanley Street, to the g1st by Millers Street, to the South by Denmark Street and to the W eo::; by London Street.

This area is comprised in :-Lots 1 to 7 inclusive .' .. D.l1 . 280 Lots 24 t'O 29 inclusive D.P. 280

All that area fronting- o~1 Millers Street, "Waterloo Street and Alma Street comprised in:-

Lots 2 to 12 inclusive .. . D.P. 4946

. 30

All that area fronting on Alma Street, Waterloo Street and Barraud Street comprised in:- ·

• Lots 5 to 10 in elusive .. . D.P. 1984 Lots 38 to 42 inelusive D.P. 1720

All that area fronting on Barraud Street and Waterloo Street comprised in :- . · ·

Lots 26 to 30 inelusive D.P. 1742 Lots 4, 5, 6 ......... :. .. .. D.P. 2597

, All that n:rea fronting on .H_un~E)~' St~ee( Seddon Street, Queen Street and Staus Street compnsed )n :-

Lots 1 to 6 inclusive ... D.P. 4777 Lots 4, 13, 14 .. .. .. .. ... . D.P. 324 Lots 1, 2, :1 ............... D.P. 153~

All t\at area fronting Seddon Str2et, Queen Street and Cad­man StreE(t, comprised in :---

. Lots 1 to 5 inclusive . .. D.P. 264 Lots 1 to 4 inClusive ... D.P. 1074 Lots 1 to 5 inclusive . .. D.P. 281 Lots 1 to 5 of sub 31 Lots 1 to ;) inclusive D.P. 5013 Lots 2 to 6 inclusive D.P. 1796 Lots 1 to 6 inclusive . .. D.P. 1773 Lots a to 5 inclusive ... D.P. 1252

All that land fronting on Cadman Street, Queen Street, and Princess Street, comprised in:-

Lot 1 D.P. 5025 Lots 1 and 2 subdivi·

sion of Lot 8 ...... D.P. 1043 Lots 1 and 2 subdivi-

sion of Lot 9 .... .. D.P. 1043 Lots 10 to 18 inclusive D.P. 264

· These areas are more particularly delineated on Map No. 3 and thereon coloured purple and single hatched in purple.

GENERAL COMMERCIAL DISTRICT.

All that area fronting on Millers Street, Denmark Street and Alma Street, comprised iri -:-

Lots 1, 13, 14, 15 .. .'... D.P. 4946

All that area fronting on Alma Street, Denmark Street, a'Hl Barraud Street, comprised in:-. Lots 1 to 4 inclusive .. . D.P. 1984

Lots ;~5, 35a, 36, 37 ... D.P. 1742

All that area fronting on B-arratH1 Str2et, Denmark Street and Gordon Street, comprised in :-

Lots 23, 24, 25 ....... .. Lots 1 to 3 inclusive .. . Lots 1 to 4 inclusive . . .

D.P. 1742 D.P. 2597 D.P. 4337

· . All that area bounded by a line commencino' at the North W: es~ ~orner of Da~nevirke . Townsh.ip Section 6~ Eastwan1 along H1g:h Str2et to the mtersecbon of H1gh Street and Barraud Street, Southward along Barraud Street to the intersection of Rarrau(l

Street and Denmark Street Westward along Denmark Street to the inters2stion o£ Denmark Street and :Yiille~§ Street, thence North­ward along :MillerR Rtreet to the int~rsection o£ Millers Street and High Street.

All that area boull<led oy a line commencing at the North East corner o£ the intersection o£ Barrau<l Street and High Street, thence Eastward along High Street to ·the intersection o£ High Street and Gordon Street, Southward along Gordon Street to the intersection o£ Gordon Street and Denmark Street., W estwnnl along Gordon Street to the intersection of Gonlon Street and Jhrraud Rtreet, thence Northward along Rarrimd Street to the intersection o£ Harraud Street and High Street.

All that area bounded by a line commencing at the Western corner of the intersection of High Street and St.ation Street, North­ward along Station Street to the Railway Boundary, thence along this boundary to its intersection with High Street, thence Eastward to the intersection of High Sreet ·and Station Street ..

All that area bounded by a line commencing at the Eastern corner of the intersection o£ High Street and Station Street, thence following the boundary of Station Street to its intersection with Ward Sreet, Southward along Ward Street to the intersection of Ward Street and High Street, .Westward along High Street to the intersection o£ High Street and Station Street.

All that area bounded by a line commencing at the Eastern corner of the intersection of Ward Street and High Street, North­ward along \Vard Street to the intersection with the Railway boundary, thence along this boumlary to its intersection with

· Gordon Street, Southward along Gordon Street to the intersection of Gordon Street and High Street, W estwnrd along High St.reet to the intersection o£ High Stree't and Ward Street.

All that area fronting on Gordon Street, High Rtreet and Allardice Sh·eet, comprised in:~

Lots 5, 6, 7, 8 ....... ... .. D .P. 284 Lots 1, 2, 3, 4 ........... .. D.P. 2329 Lots 2, 3 .................. D.P . . 881 I ... ot 1 .. .. .. .. .. .. . .. . .. . .. .. . D.P. 3593

D.P. 3490

All that area fronting on Allardice Street, High Street and Swillburn Street, comprised in :-

Lots 1, 2 .... .... ........... .. D.P. 2188 Part Lot 4 .......... . ... . D.P. 284 I,ots 1, 2, a .......... .. .. . D.P. 1077 Lots 1, 2 ............. . .. .. D.P. 284 Lots 1, 2, 3 .. ............ . D.P. 1304 Lots 5, f), 9, 10 ........ . D.P. 688 Lots 1, 2 .............. .. ... .. D.P. 4599 Part Lot 1 .......... . ... .. D.P. 1482 I,ots 2, 3, 4, 5, 6 ...... . .. D.P. 158~

~:?

•

All tha ~ ar ea fronting on Gordon Street, High A.ll :inlice Street, comprised in:·-

Lots 1 to 8 inclusive ... . Lots 1 and 2 .... . ..... .. Lot 1

D.P. 1057 D .P. 3030 D.P . 3485

Street and

All tlnt area fronting on Gordon Street comprised m :-

Lots 1 and 2 .......... .. Lot 1 .......... .. .... .. .... . . Lots 30, 31, 32 ......... .

D.P. 5087 D .P. 3817 D.P. 1057

All that area fronting· on Allardice Sh·eet, High Street and 21icPhec Street, comprised in:-

Lot 1 .. ... .. .. .. .. .. ....... D.P. 2588 Lot 1 ........................ D.P. 2634 Lots 8 to 14 inclusive ... D .P. 1120

All that land fronting on jJ:cPhee Street, High Street and Swinburn Street, comprised in:-

Par:;. Lot 1 and Part Lot 2 D .P . 1244 Lots 2, 3, 4, 5 ............ D.P. 1120 Part Lot ' 1 ... .. .......... D.P . 386 Lots 2, 3, 4 ............... D.P. 578 Lot 7 ........ · ........... .... _.... D.P. 1675 Lots 1 and 2 ............ D.P. 4875

These areas are more particularly delineated on Map No. 3 and thereon coloured sienna an(], double hatched in sienna .

LOCAL CO:YIMERCIAL DISTRICT.

All that area fronting on High Street, Cole Str2et and Thyra Street, comprised 'in :-

Lot 15 ............ . ...... .. I,ot 16 ................... .. Lots 17 and 18 ........ ..

D.P. D.P. D.P.

830 610 830

· All that area fronti11g on High Street, Ob.nga Street and Runhine Street, comprised in :-

Lots 1, 2, a ............ . .. Part Lot 8 ............. .... . Lot 1 ..... ................ . Lo~. 1 .. .................... ..

D.P. 559 D.P. 1296

D.P. 520 D.P. 1465

'rh2se areas are more particularly delineated on :Map No. 3 an a thereon colou.red sienna and single hatched in sienna.

GENEHAL RESIDENTIAL DISTRIC'rS.

All' that. a:-ea fronting on H.awhiti Street and Taradale Street eomprised in :-

Lot 1 ...................... .. Lot 1 ....................... . Lot 38 ................... .

D .P. 4396 D .P. 4199 D.P. 324

All that area bounded by a hna commencing at ilhe East-ern corner of the intersection of Taradale Street and Rawhiti Street, Northw<ml along Tarudale Street to the intersection of Taradale Street and Hunter Street, Eastward along Hunter Street to the intersection of Hunter Street and Henderson Street, Southward along Henderson Street to the intersection of Henderson Street and Rawhiti Street, thence Westward along Rawhiti Street to the inter­section of Rawhiti Street and Taradale Street.

All that area bounded by a line commencing at the Eastern corner of the intersection of Henderson Street and Rawhiti Street, N 011thwarcl along Henderson Street to the intersection -of Henderson Street and Hunter Street, , Eastward along Hunter Street to the intersection of Hunter Street and Nelson Street, Southward along N rl son Street to the intersection of Nelson Street and Rawhiti Street, thence vVestward along R ctwhiti Street to the intBrsection of Rawhiti Street and Henderson Street. . ·

All that area. bounded by a line commencing at the Eastern corner of the intersection of Nelson Street and Rawhiti Street, Northward along Nelson Street to the intersection of Nelson Street and Hunter Street, Eastward along Hunter Street to the intersection of Hunter Street and Stairs Street, Southward along Stairs Street to the intersection of Stairs Street rmd Rawhiti Street, Westward along R awhiti Street to the intersection of R awhiti Street• and Nelson Street.

All that area bounded by a line commencing at the Eastern corner of the intersection of Stairs Street and Empire Street, East­w,ud along Empire Street to the intersection of Empire Street and Eblrlon Street, -Southward along Seddon Street to the intersection of Seddon Street and Hunter Street, Westward along Hunter Street i .o the intersection of Hunter Street and· Stairs Street, thence N orthwanl along Stairs Street to the intersection of Stairs Street and Empire Street.

All that urea bounded by a line commencing at the Northern corner of the intersection of Cadman Street and Gladstone Street, Northward along Cadman Street to the intersect ion of Cadman Street and the Tapuata Stream, thence along the Borough boundary and the Tapuatu Stream to the intersect ion of the Tapuata Stream wi th the continuation of the Western side of Salisbury Street, Southward along SH1isbury Street to th.e intersection of Salisbury Street and Gladstone Street, Westward along Gladstone Street to th ~ inte1·section of Gladstone St.reet and Cadman Street.

. All that area bounded by a line commencing at the North East .corner of the intersection of Livingstone Street ·and Salisbury Street, N C"t:hward along Salisbury Street and its continuation to an intersection with the Tapuata Stream, thence along Tapuata Stream and the Borough bouriclary to the intersection of this bounda.ry with Princess Street, Southward along Princess Street t.o the intersection of Prin eess Street and J,ivingstone Street, thon ee Westward alollg' Livingstone Street to the interseetion of Li ving-s lone Street and Salisbury Street .

All that area fronting on Hawhiti Street comprised 111 :­

Lots 1 to 4 inclusive .. . D.P. 286 Lots 1, 2, 3, 4, 5, 6, 7,

9, 11 ............... D.P. 1941 Lots 1, 2 .. .. .... .. ... .... . D.P. 1971

34

•

All that area fronting on Cadman Street, comprised in :-

Lots G, ·7, 8, 8 D.P. 1018

All that area fronting on Cadman Street, Carlyle Street, Gladstone Street, Salisbury- Street, Livingstone .Street and Princess

Str :=et , comprised in:-

Lots 1 and 2 ........... . Lot 1 ...................... .. Lot; 1, 2, 3 ............ .. Lots 1 to 7 inclusive ... Lots -12, 13, 14, 15, 50 .

D.P. 2050 D .P. 4601 D.P. 42GO D.P . 291 D.P. 1252

All ;.hat area fronting on Princess Street, Queen Street and Viotoria Avenue, comprised in:-

Lots 28, 31, ;)2, 33, 34, 38 D.P. 284 Lot 88 . . ..................... D.P. 1114 Lots 1, 2, a ....... .. .... .. Lots 1 and 2 of Lot 39

Lots 86 and 87 Lot 1 ....................... .

D.P. 4844 D.P. 284 D .P. 703 D.P. 1141 D.P. 1182

All that area bounded by a line commencing at the Western corner of the intersection of R'dinburgh Street and McCallum Street., Northward along Edinburgh Street to the intersection of Edinburgh Rtreet and St~mley Street, Westward along Stanley

·Street to the intersection of Stanley Street and the Tapuata St.ream, then along the Tapuata Stream and Borough boundary to t;he intersection of the boundary with McCallum Street, Eastward along :ilcCallum Street to the intersection of McCallum Street and Edin­burgh Street.

All that ·area boundecl by a line commencing at the Eastern corner of the intersection of Edinburgh Street and MJcCallum Street, N orthwarcl along Edinburgh Street to the intersection of Edinburgh Street ancl Denmark Street, Eastward along Denmark Street to the intersection of Denmark Street and Dublin Street, Southward along Dublin Street to the intersection of Dublin Street and McCallum Street, W estwa.rd along McCallum Street to th<~ intersection of McCallum St.reet and Edinburgh Street.

All that area bounded by Edinburgh Street, Stanley Street, Dublin Street and Denmark Street, comprised in:--

Lots 72, 73, 74 D.P. 280 Lots 1, 2, 3, 4 .. .. .... .... D.P. 4071

All that area bounded by Stanley Street, London Street, D2nnuuk Street and Dublin Street, comprised in:-

Lots 30, 31, 31A, 32, ~~ 3, 50, 51, 51A, 52

Lots 1 and 2 .......... ..

35

D.P. -280 D.P. 1569 D.P. 791

. .

All that area bounded by Waterloo Street to the North, Alma Street to the East, Trafalgar Street to the South, and Millers Street to the West.

All that area bounded by Waterloo Street to the North, Barraud Street to the East, Trafalg-ar Sheet to the South, and Alma Street to the West.·

All that area bounded by Waterloo Street to the North, Gonlon Street to the East, Trafalgar Street to the South and Barraud St.reet to theW est.

All that area bounded by Waterloo Street to the North, Allar­di.c·e Rtreet to the East, Trafalgar Street to the South and Gordon Street to the West. •

All that area bounded by Denmark Street to the North, Allar­dice Street to the East, Waterloo Street to the South and Gordon Street to the West.

All that area boml(led by Swinburn Street to the East, Tenny­son Street to the South, Allardice Street to the West, and the Railway boundary to the North .

All that area bounded by Tennyson Street to the North, Swinburn Street to the East, Burns Street to the South and Allar­dice Street to the West.

All that area bounded by Burns Street to the North, Christian Street to the East, High Street to the South and Swin burn Street to the West .

All that area bounded by High Street to the North, York Street to the East, Mai.ne Street to the South and Swinburn Street to the West.

All that area fronting on Allardice Street m1<l Gordon Stieet, comprised in:- .

Lots 3a, 4 to 9 inclusive D.P. 932 Lots 9 to 16 inclusive ... D.P. 284 D.P. 4284, D.P. 1643, D.P. 1942.

All that area frontinl!' Burns Street, Allardice Street and Swinburn Street comprised in:-

Lots 1 to 14 inclusive .. . Lots 11 to 19 inclusive Lots 7 to 12 inclusive .. .

D.P. 1127 D.P. · 688 D.P. 1581

All that area fronting on Gordon Street and Waterloo Street comprised in :- .

Lot 1 .............. .... .. .... . D.P. 3812 Lots 1, 2, 3 . ...... . ....... D.P. 2111

All that area fronting on Allardice Street and Denmark Streei comprised in:-

Lots 33, 34, 35, 36 . . .. . . D.P. 1057

All that area fronting on Allardice Street, vVaterloo Street and McPhee Street comprised in :-

Lots 15 to 38 inclusive D.P. 1120

All that area fronting on McPhee Street, W.aterioo Street. £mel i:lwinburn Street comprised in :-

Lots 61 to G4 inclusive Lots 67 to 72 inclusive Lots 9 to H inclusive ... Lots 16a, 17a, 18, 19,

20, 21 · ............ : .. . Lots 1 to 4 inclusive .. . Lots 15, 16, 17 .. .. ...... .. Lots 1 and 2 ....... . .. . .. . . Lots 1 and 2 ............. ..

D .P . 2605 .......... . Part Lot 1 and Part

Lot 2 .......... . ..... .. Part Lot 1 ................. .

D.P. 1120 D.P . 1120 D.P . 1675

D.P. 1675 D.P. 5265 D.P . 578 D.P. 2586 D.P. 4768 D.P. 1718

D.P. 1244 D.P. 386

All that area fronting on Ru·:1hine Street ancl Carlson Streei., comprised in :- ·

Lots 27 to 35 inclusin D.P. 559 Lots 17 to 22 inclusive D.P. 559

These areas are more par:icularly delineated on Map No. 3 and thereon coloured red and single hatched in red.

SPECIAL RESIDENTIAL DI STRICT.

All that area in the Borough not included in any of the areas clesuribecl in any of the preceding paragraphs .

This Special Residential District is not coloured on :Nlap No. 3.

30 37

Reference No . on Map.

1

3

4

5

6

7

8

~3ECOND SCHEDULK

STREETS.

DESCRIPTION . Position of new streets and sections and lots affected m

whole or part.

New street connecting Carlson Street and Otanga Street Lots 7

and 12 D.P. 2059

Width of New Street

in feet.

66 ·--- --- --- ------- -- - - - - ----

New street connecting Gregg Street to Smith Street

Lot 1 D .P.5195 Pt. Lot 3G D.P. 559 Lot 14 D.P. 1087

New street connecting Ruahine Street to Guy Sheet Lots 2 and 3 D.P. 1087 Pt-. Lot 36 D.P. 559 . Lot 1 D.P. 5195

New street connecting Otanga Street to Hospital Street

IJot 8 D .P . 1296 Lot 9 D.P. 1736 Lots 13 and 14 D.P. 1626

Extensio;1s of Hospital Street to Borough Boundary

Lots 10 mHl11 D.P. 2698

New street conneding Gregg Street to Gregg Street Part Towl:tship Sec. 30

New street through Township Sec­tions 64 and 65

38

66

66

66

66

66

66

Reference No. on Map.

9

10

11

12

13

14

15

16

17

18

DESCRIPTION. Position of new streets and sections and lots a:ffected m

whole or part.

New street o:ff High Street North Township Section 64

New street connecting Victor Street and Street number 9

Township Sections 63 and 64

New street connecting Victor Street and Street number 9

Township Sections 63 and 64

New street through Township Sec­tion G4

New street through Township Sec­tions 61, 62, 63, G4 connecting new streets numbers 8, 11, 12

and 1[>

New street connecting Victor Street and Neptune Street

Lot 81 D .P. 1814

New street. through Township Sec­tions 61 and 62 connecting N ep­tune Street and streets numbers

13 and 17

New skeet connecting Neptune Street and st reet number 19

Lot 12 D .P. 1814 Township sections 59, 60 and 61

New street connecting streets num­bers 15 and 18

'rownship sechons 58 , 60, G1

New street throug-h 'rownship sec­tion 59 connecting streets num­

bers 17 and 20

39

Width of New Street

in feet.

66

66

66

66

66

66

66

66

66

66

Reference No. on :;\lap.

19

20

21

22

23

24

25

26

DESCRIPTION. Position of new streets and sections and lots a:ffected m

whole or part.

New street connecting High Street North and street number 16

Township sections 56, 57, 58, 59

New street through 'rownship Sec­tion 59 connecting High Street

North and street number 18

New street connecting Matthew Street and street number 22

Lot 1G and 23 D.P. 1534

New street adjoining Eastern bound­ary of Rail way Reserve from · Hos­pital Street to boundary of Rail-

way Reserve Lot 2 Township Section 30 Lot 1 D.P. 6035 Lot 6 D.P. 4894 Township Section 29 Lots 16, 23 D.P. 1534

New street adjoining western boundary of llailwav Reserve from Hospital Street to b~undary of Rail-

way R eserve · Lot 2 ·n.P. 6035 Lots 1 and 2 D.P. 2855 Lots 24 to 29 inclusive

D.P. 1534

Extension of Gregg Street to .Tames Street

Lots 36 and 37 D.P. 1534

New street connecting James Street to Cole Street Lot 10 D.P . 4665 Township Section 71 Lot 89 D .P. 1534

Width of New Street

in feet.

66

66

66

66 .

66

66

66

lleference . No. on Map.

27

28

29

30

31

32

34

35

36

37

38

DESCRIP'riON. Position of new streets and sections and lots a:ffected m

whole or part .

Street widening at the junction of Guy Street. and Cole Street

Township Sections 69 and 70

Extension of Gertrude Street to Railway Reserve

Township Sections 77, 78

New Street connecting Christian Street and street number 33

Township Section 18

New street connecting Christrian ancl Swinburn Street adjoining Rail­

way Reserve Lot 139 Township Section 23 Lot 1 D.P . 4752_-

New Rtreet connecting -:Victoria A venue and Princess Street

Lots 72 and 73 D.P. 1173 Lot 98 D~P . 1114 - -- --Lots 2, 8, 4, 5 D.P.4649

New street connecting Princess Street and Salisbury Street

J,ots 30, 31, 33 D.P.1252

New street connecting Salisbury Street and Cadman Street

Lots 23 and 24 D .P. 1252 Lots 26, 27, 28, 20 D.P. 1252

41

Width of New Street in feet.

66

66

66

66

f) f)

6fi

66

Reference No. on Map.

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

DESCRIPTION. Position of new streets and sectiouR and lots affected m

whole or part.

New street connecti11 g Cadman Rtreet and Seddon Street I,ots 4 and 5 D .P. 1252 Lots G and 7 D.P. 1018

Extension of Stairs Street to Rorough Boundary

. . Lot 4 D.P. 50!H

Wiclth of New Street

in feet .

66

66

--~- --------- ---- - - - --------- --

---------

New street connecting York Street and 'l'rnfalgar Street

Lots 72, 73, 75 D .P. 1280

New street connecting Trafalgar Street ancl street.s numbers 54 and 55

Lots 50 ancl fi1 D.P. 1057

42

66

66

R efarent"e No. on l\Iap.

54

55

56

57

58

-,

DESCRIPTION. :Position of new streets and sections and lots affected m

whole or part.

New street connecting ~l.cPhee 8heet and street number 53 ·

Lots 51 and 52 D.P. 1057 Lots 88a and 89 D.P. ll20

New street connecting Barraud Street. and street number 53

Lot 91 D.P. 1720 Lot 50 D.P. 1057

Extension of Barraud Street to Borough Boundary

Lot 91 D.P . 1720

New street from Windsor Street to boundary Township Section No. 44

Lot 19 D.P. 1712

New street connecti11 g McCallum and 'Windsor Streets

Lots 1 a.nd 2 D .P. 4297 'l'ownship Section 41 Township Section 42 Lot 20 D.P. 1712

Width of New Street

in feet.

66

66

G6

66

66

THIRD SCHEDULE: -- -- - -

HESERVES.

Reference Number on Plan. DESCRIPTION.

---- --- -----:-- - - ---- -------

23

24

25

26

a. Part To-wnship Section 30 22

r. 0

p. 21

Tonoue of land beino· -part of Township Section o4 t"' ' ' b

Tongue of land being part Lot 39, D.P. 1814, of Township Section ol

Part of Gounty land _adjacent the Domain and no,w on the Western side of the Mangatera Hiver.

27 Part Lo t.s 73, 74 and 77 D .P. 1280, Township Sec. 11.

28 All iJhat land at the earner of BaiTaud Street and Denmark Street comprised in:-

Lots 9, 11 and 12, D.P. 1720, and Lot 51 D.P. 14o2

29 Land adjaeent to the South School Pt. Lot 1 D.P.

ao

1563

All that land between the proposed Hoad con­necting Seddon Street to Victoria Avenue (No. 2 on plan) and the Tapuata Stream.

;_n All that land at the corner of High Street and Allardjce Street comprised in:-

Lots 10 to 14 inclusive . D .P. 1120.

44

-·

FOURTH -SCHEDULE.

STREETS TO BE CLOSED.

The following street is to be closed:-

That street shown on the plan and named thereon Cuba Street .

SEALED with the Common Seal of the Borough of Dannevirke

pursuant to resolution of the Councj} dated the Thirteenth day of

l 1'ebruary One thousand nine hundred an.d thirty-nine.

E. GIBBARD, Mayor.

J. E. TYLER, Councillor.

G. T. O'HARA-SMITH, Town Clerk.

45

INDEX.

PAR 'l' I. : PRELD1IN ARY Short Title and Arrangement of Scheme Authority for Scheme Commencement Interpretation Definitions relating to Administration Definitions relating to Land Definitions relating to Buildings in General Definitions relating to R esidential Buildin::;s . Definitions rel ating to Non-Residential Bui'din::;s

PART II.: GENERAL REGULATIONS.

Clause. 1 z 3 4 4 (1 : 4 (2 ) 4 (3) 4 (4) 4 (5)

Application for Building Permits 5 Scheme to be Complied With b Non-Compliance in Certain Cases 7 Repait's to N on-Oonforming Premises permitted

in Certain Gases .. . . .. .. . : .. .. . .. . .. . 8 Repairs and Reconstruct ion Permitted Under

Certain Conditions 9 Scheme may be .applied to Non-Conforming

Premises 10 Council May Grant Exemption in Certain Oases 11 Permitted Ratio of Floor Space "to Street Area 12 Limited Height and Floor Space of Buildings m

Rear Sites .. . . .. .. . .. . .. . .. . .. . 1..: External Communication and Light 14 R eq uirements as t o Building in Front and Rear

of Existing Building .. . .. . .. . .. . . .. .. . 10 Minimum Areas , etc. ; Not to be Reduced 16 Fences, etc. , to Comply with Requirements as to

Building 17 Maximum H eight of Hedges, Fences, etc. , -on

Street Corners J 8 Maximum Height of Hedges, Fences, etc. , near

Windows UJ R egister of Exemptions 20

PART III.: APPLICATION OF SCHK\fE TO DISTRlL.:'rS . Zoning Plan Classification of Districts 21 Minimum Site Area and Frontage in R~sidential

Districts 22 Conditions Under Which Restrictions on Buildings

and Land are to Apply 23 Special Residential District 24 Ueneral Residential Districts 25 L.ocal -Gommercial District 26 General Commercial District 2'7 Light Industrial District 28 Heavy Industrial District 29

46

Page. 1 1 1 1 1 2 3 4 5

6 6 6

7

7

8 8 8

8 9

9 10

10

lU

11

11

12 13

13

14 16 17 18 LJ 21 Z2

•

...

'

PART IV.: PRESERVATION OF AMENITIES. · Clause. External Appearance of Buildings Preservation b·f Trees Control of Advertising Saving for Existing Hoardings Maintenance of Private Gardens, etc.

30 31 32 33 84

PART V.: PROPOSED' STREETS AND RESERVES. Reservation of Lands for Streets and Reserves . . . 35 Buildings Not to be Erected on Reserved Lands . . . 36 Council May Vary Positions of Proposed Streets .. . 37

PART VI.: MISCELLANEOUS. Saving for Agricultural Buildings :~8

Exclusion of Claims for Compensation 39 Scheme to Prevail over By-laws 40 Offences and Penalties 41 Enfor-cement of Scheme

FIRST SCHEDULE. Heavy Industrial District Light Industrial District General Commercia.\ District Local Commercial District General Residential District Special R€sidential District

SECOND SCHEDULE: Streets

THIRD SCHEDULE : Reserves

FOUR'l'H SCHEDULE: Streets to be Closed

42

47

P age . 23 24 24 25 25

27 27 Z7

28 28 28 28 28

30 30 31 ::33 33 37

38-43

44

45