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The controversial $250 million Soho Square development in Ponsonby is heading for a legal tussle.
This follows a decision by Auckland City Council to side with the developer, Marlin, who wants to breach the permitted building limit on the 1.3ha site by 80 per cent and more than double the height limit in places.
The big hole in the ground has been sitting virtually idle all year while promises by Marlin to start construction in May, then August, have come and gone.
The only work has been the completion of a civil contract to remove 176,000cu m of soil for five levels of underground carparking.
Marlin has said Hawkins Construction has been selected to build the project, but Hawkins chief executive Chris Hunter said the firm had not signed any contract.
"Soho is one of the many we have put in the 'if it gets over the line or not' basket. What we're seeing is a lot of projects still on drawing boards and they might get consented. But the real question is whether they can get funding," Mr Hunter said.
Strategic Finance, which owes 15,000 debenture investors $325 million, did not respond to the Herald about its ongoing financial involvement with the office, apartment and retail development.
A resource consent hearing for the project begins on September 8. Marlin, with the support of the council, faces opposition from the overwhelming majority of nearly 900 submitters.
Marlin reputedly paid $23 million for the old DYC vinegar factory site, just back from Ponsonby Rd, off Williamson Ave.
The developer is seeking consent for 47,732sq m of floor space when the district plan stipulates 26,524sq m. It also wants to extend the maximum height limit of 15m by up to 16.7m on each of the five buildings on the site.
These breaches have attracted widespread condemnation from locals, who say Soho is too big and will cause traffic chaos through Ponsonby and Grey Lynn. The Historic Places Trust and the ASB Community Trust, which owns the heritage-protected Allendale House on the corner of Ponsonby and Crummer Rds, have grave concerns.
"The buildings proposed are very angular and devoid of any heritage harmony with Allendale and other neighbourhood buildings," said the ASB Trust in a submission.
A group of opponents have banded together to present a more co-ordinated approach at the hearing and obtain legal and planning advice. Other submitters can join the group by contacting Western Bays city councillor Graeme Easte on 027-209-7565.
- additional reporting: Anne Gibson