What to one is thing of beauty, to a neighbour can be an eyesore. Geoff and Aria Small will be forced to demolish an equestrian barn on a south Auckland lifestyle block unless they convert it into an architect-designed home complying with subdivision building covenants.
In 2013, the Smalls bought into a lifestyle subdivision on Ingrams Road, Ramarama. Covenants over the land restrict owners to construction of a single dwelling together with a farm outbuilding ‘usual and reasonable for … rural use [and of] a pleasing and aesthetically compatible appearance’ in keeping with neighbouring properties. Neighbours complain the Smalls have developed a commercial operation; a utility shed, stables and a barn which has been converted into living accommodation. A horse walking area, arena and yards complete what they describe as an equestrian facility. Legal argument over what was, or was not, permitted on site was first aired in the High Court back in 2018, with all sides appealing to the Court of Appeal.
Back in the High Court, Justice Gordon ruled either remediation or demolition of the Smalls barn was needed; it did not comply with subdivision rules.
Neighbours do not have a right of veto over what is built, Justice Gordon said, but the Smalls took no steps to ensure their existing building complied with subdivision rules. The Smalls were given three months to supply neighbours with architect designed plans for a new or remediated building. If neighbours agree with the plans, the new build must be completed within fourteen months, she said.
If no agreement is reached, court-ordered demolition is a possibility.
Jackson v. Small – High Court (11.08.20)
20.139