KEY POINTS:
An Auckland property developer and his company have been fined a total of $35,000 for two offences against planning regulations at his Grey Lynn house.
Brian Hudson and BH Property Investment pleaded guilty in the Auckland District Court to using land without obtaining resource consents, in a manner which contravened two Auckland City Council district plan rules for the Residential 1 zone.
But his lawyer, Alan Dormer, said they were "trifling" offences, and an appeal against the fines could not be ruled out.
"To suggest that offences of this type - 10 sq m of excess impermeable surface and the unlawful erection of a garage in a front yard - strike at the very heart of the objectives of the Resource Management Act is little short of absurd."
Council prosecutor Dave Barr said inspection showed a double garage was built 7cm over the home's street boundary instead of being set back 1.75m from the line.
The property's impermeable paved surface was 23 per cent of the area instead of the 20 per cent required by the district plan.
Despite promises to address council concerns in August 2005, the defendants did not apply for resource consents until after charges were laid.
The council said the defendants' actions were deliberate and premeditated and had a severe effect on the neighbourhood near the intersection of Home and King Sts.
Mr Dormer said the case could hardly be compared to those where native trees had been cut down or people injured.
Judge Fred McElrea noted the highly sensitive character of the suburb and the effect of the garage on the streetscape. The preservation of the character of Grey Lynn and Ponsonby was of "national importance" due to the historical heritage of these areas, he said.
They also had cultural importance. Therefore, preservation was integral to the concept of providing for the cultural well being of society.
Judge McElrea noted Hudson had a previous conviction under the Resource Management Act.
The starting point for such offending was $55,000, he said, but this could be discounted to allow for an early guilty plea and the financial circumstances of the defendants.
