Landlord asked to pay for balconies' airspace

Landlord David Blake says he followed due process to build over the footpath and is not willing to pay a lease. Photo / Greg Bowker

Papakura landlord David Blake is ready to fight demands to pay for airspace after he added four balconies to his commercial building.

He bought 107 Great South Rd, the empty former Papakura library, which had been a spa pool shop, did it up and created first-level balconies which he has now been told encroach on Auckland Transport's airspace.

"The balconies are built into the veranda that overhangs the footpath. I got resource consent to do this and the district plan states I can do this," he said.

"But just recently, Auckland Transport have come along and said, 'Hey, that's our airspace you're using and you have to enter into a lease with us for continued access'."

Blake cited a copy of a five-year lease for a balcony in Mission Bay which says the lease can be terminated at any time by Auckland Council for any reason and the balconies must be removed within 14 days. A $5500 annual fee, plus GST, applied to each balcony.

"They might not charge me this much per balcony in Papakura. They haven't said what they would charge. I have to fill in a form, pay them $1000 and they will come back and say what terms and costs they will apply to each balcony," Blake said.

Jane Neary, Auckland Council team manager for southern resource consenting and compliance, told Blake she could do nothing about his situation.

Blake is not giving up, saying he has won five of seven battles with the council.