How can you win if you lose?
It’s just over a year since our frosty early morning blockade of our Right of Way – a last-ditch attempt to get Council’s attention over concerns about the development we believed was contrary to Council’s own regulations. The development went ahead.
Five years ago we converted a shed on our section to a sleepout for my parents. We queried via e-mail having an independent dwelling – Council responded, “No, ROW is undersized.” (i.e. ROW is too narrow for more independent dwellings). Fair enough. We knew that the previous owner of our section couldn’t sub-divide because he could not widen the accessway.
But in 2016 a sub-division (i.e. another independent dwelling) on our ROW (the same one previously considered to be “undersized”) was permitted on a non-notified basis (i.e. no-one is considered to be affected enough by the decision to be advised beforehand and given the opportunity to lodge an objection).
Once one regulation has been bypassed, who knows what regulations still apply? Increasing the number of properties along the ROW changes us to a Private Way. We are number 27. A Private Way can have up to 12 dwellings. Ours is only wide enough for one vehicle, and by TCC’s regulations, should only have four dwellings. What rules apply now? How many dwellings can there be? How long is a piece of string?
We and Council can’t agree on a few things; consistency of how regulations are applied, why this wasn’t a notified consent, why no traffic impact report was done (a requirement), why developers choose new Street names – not people who have lived there for years (developer kindly gave us all input) – apart from that we get on just great! And the development went ahead. Did we lose?
Lesson 1
Once something has been approved, only a Court Injunction – potentially very costly – will halt work. You have to object BEFORE consent is given.
Lesson 2
Keep ALL correspondence with Council.
Lost some, won some. We served a Trespass Order on the builders and after that you better believe they came to let us know before they blocked the ROW with digging or machinery. And I know a whole lot more now about what you, me or anyone can do to stand up for themselves against any of the powers that be (see links on bayonline ….), like the Ombudsman.
We are still in process of getting the Ombudsman’s opinion on all this. Why do I bother? Isn’t our issue too minor? Well maybe, but think of Bella Vista. But I am bothering because I think every time someone challenges the status quo in any way and says, “We can do better” it pushes for change, and nothing is going to change if we don’t push for it. Kia kaha!
Nā tōu rourou, nā tōku rourou, ka ora ai te iwi.
With your contribution and my contribution, the people will survive and grow. (Working together brings achievement).
Know your rights
Range of options and links to here.
By Sheila Tippett
I write for this magazine because it’s an awesome way for the community to connect.
