Media release 15 December 2010

Council busts backyard business

Residents of Totaravale Avenue in Sunnynook are now enjoying some peace and quiet after council-initiated legal action has put paid to trucking activity at the end of their street.

The successful prosecution, initiated by the former North Shore City Council and finalised by the Auckland Council, was recently released by the Auckland District Court and sees a hefty fine and conviction handed down to North Shore trucking company Lal’s Transport Limited.

“This is an example of the Council’s District Plan and the Resource Management Act working together to protect the rights of residents,” says Heather Harris, Manager Resource Consents for the Auckland Council.

“We are delighted at the outcome of this case and hope that it serves as a good example for other people battling noisy and disruptive neighbours – there is something that can be done about it,” she says.

A conviction and the heavy fine imposed on Lal’s Transport Limited are the result of ongoing, deliberate breaches of District Plan rules covering the use of residential properties for business purposes.

Since 2004, residents of Totaravale Avenue, a residential street in Sunnynook on Auckland’s North Shore, had complained to the council of the activities of a trucking company whose owners lived in one property at the end of the cul-de-sac, and owned a second property there.

Up to four large trucks, along with other smaller vehicles, operated by the company were stored on and around the properties, making the cul-de-sac appear more like a trucking depot than a quiet residential street.

Lal’s Transport Limited was charged under Section 338(1) (a) of the Resource Management Act with breaching the home occupation rules of the North Shore City Council District Plan. The maximum penalty provided by the Act for a company is a $600,000 fine plus a further fine up to $10,000 per day for a continuing offence.

Several abatement notices and infringement fines were issued to the company owners by council officers. As a result, the problems would dissipate for a time but would gradually worsen again over time.

Environment Court Judge Harland said in her judgement that, “In my view the offending has had a significant effect on other residents’ amenity values.” Judge Harland noted that there had been many attempts to try and resolve the problem short of prosecution. She also noted that the offending by Lal’s Transport Limited continued to occur even after the informations were laid in court.

Judge Harland convicted and fined Lal’s Transport Limited $18,000 plus court costs and solicitors fees.

District Plan rules have been put in place by the Council, in consultation with the community, for the protection of the environment. All but very small scale businesses are generally excluded from residential areas.

People considering operating business activities from home should contact the planning helpdesk at Auckland Council for information on the rules affecting business use of residential properties.

ENDS

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