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Council Loses Loo Dispute After Business Protests ‘Absurd Cost’
An automotive workshop in Masterton was incorrectly told it needed more loos after the council refused to grant building consent for just one unisex toilet on the premises.
Despite a maximum of four people being on the premises at any one time, the council said “future use of the building” needed to be considered and argued the correct occupant load for the floorspace was 40 people.
The council said it used its discretion in the consent process to bring this occupancy down to seven people which required one unisex toilet and one accessible toilet facility.
In a Ministry of Business Innovation and Employment determination, Spud Motors submitted that designing a building for future use was “an absurd cost to put on a current owner”.
Lead determinations specialist Peta Hird confirmed the council was incorrect to refuse the initial building consent application.
She said the actual number of building occupants was known to be four -- the owner occupier, an occasional administration staff member, and potentially two clients at any time.
This meant the occupant load calculation for the floorspace was not needed.
She further said that one unisex toilet facility was required for between one and five staff.
“I note through its correspondence the authority raised the future and potential use of the building in relation to the number of sanitary facilities being provided,” Hird said in the determination.
She said that under the Building Code, there was no requirement to consider the future or potential use of the building.
The dispute arose in June last year during the processing of the building consent.
The Ministry released its determination to the council and Spud Motors in November.
– LDR is local body journalism co-funded by RNZ and NZ On Air.
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