Council Little Hitlers

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8 years 11 months ago #35581 by KaiapoiKen
We have applied to replace an old barn/garage on our property with a Heritage Style Garage. Because of the room it would give us we decided to have one bay as a workshop/games room as my daughter manufactures jewellery and she and son in law have 3 kids. They live on our property and I figured that sooner or later the kids would want space of their own to chill out and entertain their friends. We submitted our application to our local council for approval. The application was overseen by an friend of ours who is an architect and conversant with the bylaws.
We were declined on the grounds that "This could be converted into a Sleepout". Despite my friend pointing out to them that it complied with all Council By-laws etc. for a Garage/workshop they refuse to budge and insist that we apply for resource consents from Ecan and meet all the regulations pertaining to a dwelling. It's primarily a garage for goodness sake.

You go figure!!! If we drive a car we could be liable to speed are we not. What's the difference? Since when were council officers given the power to make calls like this.

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8 years 11 months ago #466030 by muri
Replied by muri on topic Council Little Hitlers
Complying with the council by laws is one thing, but what do the planning regulations say. Is this a permitted use as of right, which i would imagine it would be.
There is a difference between planning regulations and council by laws which i am sure your architect would have been aware of

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8 years 11 months ago #466031 by eelcat
Replied by eelcat on topic Council Little Hitlers
The same thing happened when we applied for a building permit for our commercial kitchen, that is in a separate building to our house - someone could sleep in it! Idiots.

1 Border collie, 1 Huntaway, 2 Lhasa Apsos, Suffolk and arapawa ewe crosses, an Arapawa ram,an East Friesian ewe , 5 cats, 42 ducks , 1 rooster and 30 hens, 5 geese, 12 goats, 2 donkeys, 2 house cows, one heifer calf, one bull calf, 3 rabbits and lots and lots and lots of fruit trees...

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8 years 11 months ago #466037 by Hawkspur
Replied by Hawkspur on topic Council Little Hitlers
Is the Council objection to do with the standard of building that the workshop will be done to?
The reason I ask, is that I can't see any Planning objection to what you are proposing, but perhaps they are considering that a space will be classed as "habitable" according to the Building Code, in which case different rules do apply: for example, insulation etc.
The insulation rules are to do with energy efficiency, and a space that is going to be used for hanging out, is likely to be heated.
Have they said what would need to be changed?

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8 years 11 months ago #466042 by Aquila
Replied by Aquila on topic Council Little Hitlers
If the plans show a lining or plumbing in the building it'll give them the reason to decline you for the reason they have.

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8 years 11 months ago #466046 by KaiapoiKen
Replied by KaiapoiKen on topic Council Little Hitlers
Hawkspur - Yes we thought of that and the games room and workroom were to be insulated and have a firewall between them and the garage part. As far as having plumbing the bylaw states that you can have a toilet in a workroom. In fact you can have everything except facilities for cooking (i.e. Stove). They have given no indication as to what we needed to do to comply. In fact when the architect asked for clarification he was told that that was their ruling and they were standing by it. Short of taking it to court we are at a loss. It sounds as though they realise they were wrong but aren't prepared to back down.

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8 years 11 months ago #466049 by Aquila
Replied by Aquila on topic Council Little Hitlers
Take the wall linings and firewall out then you have a garage that is miles from complying for habitation

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8 years 11 months ago #466051 by KaiapoiKen
Replied by KaiapoiKen on topic Council Little Hitlers
We're currently doing that, Aquila. The new application won't mention games rooms just a workshop, unheated etc.

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8 years 11 months ago #466337 by llvonn
Replied by llvonn on topic Council Little Hitlers
The other option is to take your lawyer into another meeting with the Council. Lawyers can be intimidating. People do it here and the Council has caved when they had said initially they wouldn't allow something - and this was something that strongly affected neighbours down a right of way. Surely in the country it would be a little different.

1 Border Terrier, 5 hens, 5 chicks, an orchard and vege garden. All on 350 square metres.

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8 years 11 months ago #466341 by kai
Replied by kai on topic Council Little Hitlers
As far as I understand you do not need building permission to add insulation or dividing walls at a later date, providing fire exits are not compromised.

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8 years 11 months ago #466355 by max2
Replied by max2 on topic Council Little Hitlers
How much land do you live on?

We have a family near us who have also moved in extended family into existing barn facilities (converted into another house) who also built additional recreation facilities for the family family and it virtually means we have a mini village living next door... plus the other neighbours.

I really respect families looking after their own, but things such as driveway (shared use) and habitable noise influence neighbours if you are housing them within a reasonable sound wave distance.

Friends and friends of friends visit at all hours, and depending on how strong Mum and Dad senior are in managing their family (ours are pretty good in recent times) depends on how their adult children and grandchildren respect other people's privacy and quiet enjoyment of their rural properties. We can usually tell when M & D have gone away.... :rolleyes:

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8 years 11 months ago #466362 by KaiapoiKen
Replied by KaiapoiKen on topic Council Little Hitlers
Other neighbours are far enough away not to hear anything so that's not a problem and there is no shared driveway. New information seemed to indicate that their concern was the mezzanine floor which we had for storage. Despite it only having two small windows for ventilation and not insulated, in their wisdom, it was deemed to be habitable. Dunno, perhaps the grandkids will have to tear round the neighbourhood terrorising the neighbours instead. LOL.

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