KEY POINTS:
A judge has ruled that a sink and dishwasher must be removed from a North Shore home's garage sleepout to make it conform with planning rules.
Environment Court Judge Craig Thompson says that making the garage self-contained for living separately from the house makes it a "minor residential
unit" as defined in the city's district plan.
The plan says a kitchen sink or dishwashing facility makes any dwelling a residential unit for which a resource consent is required.
In a written decision, Judge Thompson declined the appeal of Takapuna property owner Christian Giurgiu against a council abatement notice on October 26.
This gave him the choice of either giving his tenant notice or removing unauthorised dishwashing and cooking facilities.
Mr Giurgiu disagreed that the plan should make such a provision.
He argued that the council and its plan should not prevent his letting part of his property to boarders, or tenants, if he wished to and that a sleepout equipped with a sink should not be classed as a residential unit.
But Judge Thompson said the court was not the place to debate the philosophy behind the plan and ordered that the sink and dishwashing facilities be removed by February 24.
"The use of a kitchen sink or dishwashing facility to define a residential unit might be a somewhat crude tool, but in the absence of something more sophisticated it serves the purpose," the judge said.
"The point of the restriction is obvious enough - to prevent a proliferation of truly separate households on single lots, with the predictable adverse effects on residential amenity in such zones that they would bring.
"They are, for good reason, treated differently from the true sleepout which the occupants use for sleeping, and perhaps bathing, but in all other respects remain members of the principal household."
Council resource management group manager Stefan Naude welcomed the decision which, he said, supported the council's stand that a resource consent must be sought for a minor unit so that standards would be met for services, open space and car parking.
He said the council was not hunting for people who rented out converted garages but it would act on a complaint.
Yesterday, Mr Giurgiu showed the Herald he had sealed off plumbing connections to the sink.
"I'm not going to fight it," said the professional project manager.
He believed it would be impossible to satisfy all the conditions of a resource consent, which could cost about $20,000.
"I never intended it to be a minor unit.
"If just boarders it's OK. The number of people in one house should not be an issue for the council.
"I can rent my house to, say, four families but here the council is saying if you have a minor unit you have an extra person or two living there, so there will be extra water and sewage and so on.
"But the sleepout already has a bathroom ... so it's just crazy."
Mr Giurgiu said he would fight a $5200 bill from the council for its legal costs in the case.
