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Home / New Zealand

Shock at $24,000 trailer homes fine

By Wayne Thompson
NZ Herald·
6 Apr, 2008 05:00 PM3 mins to read

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The developer says the four trailer homes were never meant to be permanent. Photo / Martin Sykes

The developer says the four trailer homes were never meant to be permanent. Photo / Martin Sykes

KEY POINTS:

A company director says he is shocked by a $24,000 fine for not removing trailer homes being rented out as flats in Northcote.

Jolyon Thompson, 35, said the four Leisure Built trailer homes were placed in the yards of Lake Rd houses owned by some companies of which
he is a director.

"They are highly desirable, being nicer than most one-bedroom flats and in an area close to Auckland City and at a standard rental."

Thompson declined to say what rental was charged for what he calls "a bedroom with study" but the going rate is about $260 to $280 a week.

North Shore City Council compliance team leader David Frith said trailer homes used as semi-permanent dwellings are in breach of a number of rules in the District Plan.

These were designed to "maintain reasonable space and amenity for residents", and abatement notices were served in July 2006 for the trailer homes to be removed.

Prosecution started when the buildings were not removed and in October Thompson pleaded guilty to four charges of failing to comply with the abatement notices, and also entered guilty plea on behalf of his four companies on similar charges.

Last week, Environment Court Judge Gordon Whiting imposed a total of $24,000 fines as well as an order to pay $5085 in costs to the council and a further $1040 in court costs.

Mr Frith said the trailer homes' use could be legalised only by gaining resource consent after a public hearing.

He said the fines imposed were an indication from the court that District Plan rules were for the benefit of residents and for the protection of the wider community, and that there were consequences for disregarding the rules.

Thompson said he was shocked by the fine. The trailer homes were not meant to be permanent as he had plans for a redevelopment on the site.

"None of my neighbours complained - it is not my intention to create a ghetto. The units are still there because I thought I was doing the right thing. I thought I was working with the council to apply for resource consent."

His lawyer, Jennifer Bradley-Young, said the continuing infringement was due to the council's previous advice that the trailer homes were acceptable and as a result of the council's failure to promptly process consent applications.

Although the council believed $80,000 to $90,000 was received in rent for the trailer homes, she said no profit was made from tenants, because the rent merely served to defray holding costs of the properties.

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