A judge has clipped a wing of a new apartment building in Petone that threatened to spoil the locals' enjoyment of a brew with a view.
Jackson Holdings owns two adjoining sites on Jackson St and plans to build a three-storey block on one of the sites.
However, the proposal for a two-storey wing cantilevered over the carpark leased to the other site are now on hold.
Trust Porirua has the head lease over the Empire Tavern and Haute Kwisine Holdings sub- leases and runs the bar and restaurant on the site.
The Empire has a garden bar on Jackson St next to the building site.
"It takes advantage of Petone's wonderful weather," Justice Williams said in his decision on Trust Porirua and Haute Kwisine's application for an interim injunction against their landlord.
In the High Court at Wellington they claimed the cantilevered section, supported on poles over their carpark, would make using the carpark more difficult and they could lose up to 28 car parks.
Building would affect their use of the leased land, including the garden bar which might be extended into the carpark.
Jackson Holdings said Haute Kwisine agreed to the development, but that was "boldly" denied, according to the judge.
Jackson Holdings also said that the carparking would not be affected in any event and the lease did not include the airspace above the car park.
Jackson Holdings had told Trust Porirua that even if the decision went against them in court it would build the main part of the apartment block anyway, and leave the piece over the car park to be built when the legal challenges were resolved.
The judge made orders that in the meantime stop Jackson Holdings building on or over the area leased to Haute Kwisine.
He also ordered that the driveway between the two sites has to be kept clear of vehicles and equipment.
It is expected that the unresolved part of the dispute will go to arbitration before any more permanent steps are taken in court.
- © Fairfax NZ News
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