The Environmental Lawyers has successfully obtained a declaration from the Environment Court regarding the definition of workers’ accommodation under Auckland Unitary Plan (AUP), against staunch opposition from the Council.
Our client is seeking to provide a dwelling on-site for employees to use during shifts, as part of their house haulage and storage business. This is primarily to avoid staff having accidents when commuting to and from their homes, while fatigued from work shifts that often involve long hours of driving overnight. Our client (and we) therefore considered the proposal met the AUP definition of workers’ accommodation (a permitted activity in the relevant zone), because the employees’ duties “required” them to “live” on-site. The Council disagreed, instead taking the view that the proposal was being provided simply as a matter of convenience. On its interpretation, the proposal therefore fell to be considered as a dwelling, which required consent as a non-complying activity.
The Court agreed with all aspects of our submissions in support of the declaration, while rejecting all arguments put forward by the Council. Accordingly, the Court has issued an interim decision finding it is prepared to issue a declaration to the effect sought by our client, with the final wording of that declaration currently being discussed between the parties. An excellent win for both common sense and the important health and safety considerations that our client is seeking to address, via their proposal.