30 July 2019 Construction of the City Rail Link has caused chaos for business owners across Auckland CBD. Video / Jason Oxenham
The City Rail Link (CRL) has been banned from closing a street outside an Auckland hotel building after management went to court to demand maintenance of guest and vehicle access so the business could function.
In the latest battle between New Zealand’s largest public transport joband CBD-affected businesses, Barclay Management (2013) instructed Bronwyn Carruthers KC to take matters to court.
The management business operates the hotel business at 70-74 Albert St, Judge Melinda Dickey said in the Environment Court at Auckland.
It sought orders against the CRL so a crucial street would remain open, ensuring guests and vehicles could still get to and from it.
The multi-level self-contained apartment Barclay Suites is near the Wyndham St intersection.
Barclay Suites (left) at 70-74 Albert St in Auckland CBD: City Rail Link must maintain access to it, court has ruled. Photo / Google Maps
The building is accessed from a slip lane or narrower section of Albert St, which has been affected by the works and at times closed.
The court referred to this narrow stretch as lower Albert St - different from Lower Albert St near the waterfront, between Quay St and Customs St West.
The works have, in recent times, required the closure of part of the lower Albert St slip lane.
CRL’s position was that it closed the slip lane to vehicle traffic so it could do construction works and it initially understood that road closure was properly authorised.
It argued it relied on consents as well as advice from Auckland Council.
Although it had investigated several alternative construction methods for the works, it concluded closing a section was the only practical and safe option.
Dissatisfied with the situation, the building’s management went to court seeking orders ensuring the big transport project was barred from affecting access to the building.
The area contains a loading bay used by Barclay for its guests arriving and departing from the hotel. This area provides for taxis and shuttle services such as the airport shuttle service.
Extensive disruption from the project in downtown Auckland - but one business took matters to court and won. Photo / Dean Purcell
While a loading bay was provided close to the existing loading bay on closure, Barclay said closure of the slip lane to vehicle traffic and the loss of the loading bay adversely affected it.
The CRL reopened the slip lane in December, awaiting the court’s decision, but also argued that conditions of its project meant it could authorise closure of the slip lane, although Barclay disagreed.
The Barclay Suites at Albert St, Auckland. Photo / Doug Sherring
Conditions of its consent refer to numerous documents with which the works must complete. Some of those address the slip lane. Barclay Suites had been deprived of its vehicle access and that wasn’t part of the conditions, she said.
The CRL argued local vehicle access to properties on Albert St were maintained, despite the slip lane’s closure.
But the judge said maintaining general access to the area while removing accessibility to Barclay’s property for loading and unloading was not the same.
The CRL had argued against Barclay’s position. “It says that Barclay is focused on the closure of a single lane of a road in the context of a broad authorisation to construct, operate and maintain the largest transport infrastructure project undertaken in New Zealand to date,” the decision noted.
Although the CRL had provided loading zones at various other locations, it accepted management plans did not properly authorise the closure of the Albert St slip lane.
“That is why it stopped the works and reinstated the slip lane,” the decision said.
Environment Judge Dickey found CRL’s consent or designation did not authorise it to shut that street.
“City Rail Link Ltd is prohibited from closing the lower Albert St slip lane,” she ruled.
“CRL is required to maintain pedestrian and vehicle access in lower Albert St for the duration of its construction works.”
Some businesses have likened trading while the CRL is being built as like being in a “war zone”.
That was the opinion of Jaydee Patel, with a general store on Victoria St. He said in 2021 his turnover had slumped by more than 50 per cent and he complained of noise, dust and protective hoardings affecting his shop.
Anne Gibson has been the Herald’s property editor for 24 years, has won many awards, written books and covered property extensively here and overseas.
