Waikato Times

$100k boat carpark fight

- ROBERT STEVEN

A property developer says the council told him only half the story before he spent $100,000 on building a park for his boat.

Now he wants the council to cover the cost of bringing his property up to certificat­ion.

Rex Kirby says he spent thousands putting in a retaining wall to create parking space for his three-tonne boat at his Acacia Bay property in Taupo¯.

‘‘We built two retaining walls after getting inspected and after being given resource consent [from council] for the walls,’’ Kirby said.

‘‘Now they’ve come back and said, ‘You need a building consent.’

‘‘They’ve realised afterwards.’’ The building consent needed to be granted before the earthworks began, meaning it was now too late to do, Kirby said.

‘‘[Landscaper­s] would have to knock it down and start again, which is so expensive you wouldn’t do it.’’

An engineerin­g company has offered an alternativ­e solution to check the foundation­s and gain the consent, which would cost up to $15,000.

Kirby said Taupo¯ District Council planners had caused the issue by not giving him the full informatio­n, so local government should pay for remedial work.

‘‘You’re a solo mun, a pensioner, a single guy, and you go to [the council] for advice. That’s what I’ve done. But they haven’t given me the full advice. Now I have non-compliant retaining walls.’’

Kirby said he listed ‘‘boat parking’’ as the purpose for the resource consent he had sought, which he submitted to council.

‘‘It’s actually there in the documentat­ion. There were 10 to 15 people involved and not one triggered on to what was needed.

‘‘You’d think they’d say ‘aw well, we made a mistake, we’ll fix it.’

‘‘But no, they spend hours and hours ducking for cover.’’

The non-compliant boundaries would reduce the value of his property if he tried to sell, he said.

Taupo¯ District Council’s compliance and regulatory manager Scott Devonport said it wasn’t clear from the resource consent applicatio­n that the retaining wall was to support load from boat parking.

‘‘A retaining wall built to carry load requires a building consent under the Building Act,’’ he said. ‘‘There was one comment in the applicatio­n referring to boat parking, but nothing shown on the plans to indicate the location of this parking.

‘‘The planner did not comment on this in the consent applicatio­n as it was a minor aspect and not relevant to the planning matters.’’

Devonport said there were difference­s between the planned wall, as discussed with council, and the final constructi­on.

‘‘The wall was altered and built closer to the neighbour’s large retaining wall. Mr Kirby’s builder was told to contact an engineer to assess the impact on the lower wall to ensure no stability issues occurred.’’

Devonport said the council was not liable for bringing the wall up to required certificat­ion.

‘‘Mr Kirby engaged a profession­al to design and build the wall. It is up to property owners to be aware of their obligation­s, or the agents acting on their behalf.’’

Kirby said he owns commercial property in Thames, Te Puke, Tauranga, Hamilton, and Mt Maunganui and works with tradespeop­le all the time.

‘‘I’ll fight this right through to the end,’’ he said. ‘‘We go to council to get advice on regulation­s and they need to be responsibl­e for giving the correct informatio­n.’’

To prevent a situation like this happening again, Davenport said developers should talk to council early about the project, but also seek independen­t profession­al advice.

 ??  ?? Acacia Bay resident Rex Kirby is battling with Taupo¯ District Council over the landscaped area behind him which he built as a car parking space for his boat.
PHOTO: ROBERT STEVEN/STUFF
Acacia Bay resident Rex Kirby is battling with Taupo¯ District Council over the landscaped area behind him which he built as a car parking space for his boat. PHOTO: ROBERT STEVEN/STUFF

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