Consent for part of huge block recalled

Ivor de Menefy represents a trust whose neighbouring building had suffered damage from Queen's Lodge. Photo / Greg Bowker

Consent for part of Newmarket's massive Queen's Lodge apartments has been withdrawn after detailed investigations by a state authority.

The Department of Building and Housing has issued a determination on the shops in the 600-unit monster straddling Broadway and the corner of Remuera Rd, above Kings Square or Station Square and the railway station.

It has found the shops' consent wanting in relation to the protection of a neighbouring property.

Ivor de Menefy, of the Kiwell Family Trust which owns the building next door, took the appeal against Auckland Council and developer L & Y Holdings and says his victory raises questions about the entire complex.

John Gardiner, determinations manager at the department, said his decision on 176-178 Broadway had been appealed against by both the trust and L & Y and was now in the hands of the district court.

The trust asked Gardiner to examine issues about durability, external moisture and safety but he said he could not consider these issues in this present determination because the law did not allow that.

Ivor de Menefy's trust owns 10-14 Remuera Rd, next to Queen's Lodge. The trust's building had suffered over many years, with 12 foul water episodes and objects coming through walls when Queen's Lodge was being built, he said.
The trust's tenants are two food outlets including a Bruce Lee Sushi and Roll shop and the karaoke Echo Bar.

"The trust could not sell its building and had spent more than $350,000 defending our rights as a property owner," de Menefy said.

Gardiner said building work relating to the retail development on Broadway did not comply with clauses on structure, spread of fire to the neighbouring building and surface water and he said the Auckland Council should issue a notice to bring the building into compliance with the Building Code. Gardiner's ruling reversed the council's decision to issue some compliance certificates and de Menefy was pleased at the outcome.

"It is predicated on council not taking into account the protection of other property when issuing the building consent for the development. The thrust and threshold here is protection of other property, in this case 10-14 Remuera Rd," de Menefy said.

"The intent of the decision from the department is that council should never have issued the CCCs, and without them, titles should never have been issued, thus settlement of the individual properties should not have occurred," de Menefy said.

He is concerned about fire spreading from the new development into his building and said the Building Code demands a barrier to reduce the risk.

Having won this battle, he now plans further action and to challenge other aspects of the new development.

"The reversal of the CCC affects all individual properties in the Queens Lodge and Kings Square development - approximately 600 residential apartments, the shops and, although not specifically highlighted, the 2000-car public car park," he said.

"Estate agents are apparently aware of the issues, and sales of property in the complex have more or less halted. It is not against the law to buy and sell a property without a CCC. However, if this issue is not disclosed to prospective purchasers there could be legal ramifications."

QUEEN'S LODGE

* Eight-level Newmarket block.

* Developed by L & Y Holdings.

* 600 residential apartments

* Shops surrounding railway station

* 2000-space carpark

* Built around 2007