Marsden Griffiths thinks the council dawdled too long over neighbours' complaints about the brothel. GARRY BRANDON
In the heart of Remuera, the council finally listens to residents baffled by a brothel and a new building they say has soured their street, reports Sophie Smith.
Marsden Griffiths feels complaints about a brothel and a new development on the corner of Clonbern Rd and Ohinerau St went unresolved for far too long. He claims there have been substantial breaches of the rules, but Auckland City Council repeatedly shrugged off his and his neighbours' concerns - until The Aucklander became involved.
"This new brick and tile house has no living spaces but five bedrooms with a spa bath and Sky connections, in the middle of a heritage zone. Every time we tried to complain - with the deficits in the planning code - it was 'not a problem'. We were told to see a lawyer. We don't need to see a lawyer. That's the council's job; they should be defending our rights," he says.
The property has been the subject of intense debate in the neighbourhood. In March The Aucklander reported an angry crowd of 20 residents protesting about the "boarding house" advertising massage services.
In 2006 the council repealed a bylaw preventing small owner-operated brothels working in residential areas. With a kindergarten 210m down the road, a school bus stop right across the road and on a well-worn walking route for schoolkids, the brothel is in a less than favourable spot.
When people who live nearby became aware of the business, next-door neighbours Kay and Steve Jacques organised the protest and a petition challenging the zoning and resource consent decisions. The Jacques have since sold their home and moved.
Property owner Hai Ming Si tells The Aucklander he's had no letters of complaint from neighbours or local authorities since he bought the house three years ago.
Mr Si says a tenant asked him about using the house as a brothel so he directed him to the council for consent.
"They just rent my house. I said, 'Okay, if council says okay'," says Mr Si.
Auckland City's manager of service requests, Chris Horan, says the neighbours' complaints have been heard and the council changed its position on the legality of the brothel last week.
"Council's position in the past allowed it to operate, but further complaints and investigation has found it's now running illegally and it has been asked to close down," says Mr Horan. "Two sets of rules cover the operation of brothels and prostitution, the bylaw and the district plan set out under the Resource Management Act.
"The bylaw only covers how an activity can operate. But the district plan sets out zones that control activities. This area is residential 5 zone, where only home-occupied businesses are permitted," he says.
Previously, officers looking at the premises found people living there. However, the new tenants were inspected mid-July and were given until last week to comply with the law.
As for the new development on the subdivided rear section, Chris Horan says the new building consent looks like a residential house.
"The site at 48 Clonburn Rd is on the cusp of a heritage zone, with the new building in residential zone 5, not 2. There are no heritage issues for the property, as they are building under suburban rules. They are only approved as a house. No business is allowed there," he says.
Mr Si says the new house has nothing to do with a brothel or the present tenants in front as it is a future home for his family. He says he had lots of meetings and conditions to meet before resource consent was granted for the new building, including spending $30,000 to upgrade and separate the sewage and stormwater pipes under the property and a further 20m up the road.
He acknowledges he may have been late in letting the rest of the street know the new house will be in the style of the area. Mr Si wants to assure his future neighbours the new house will look traditional with weatherboards, bricks and a tiled roof at a 35-degree angle.
"We like Kiwi houses, and want to copy the English style, not modern or Chinese," he says. "We would like anyone, even neighbours to give us their ideas and suggestions to make the new house more beautiful. We'd like to make friends and the new house happy."
Whatever the outcome, it's likely neighbours such as Marsden Griffiths will keep a wary eye on the property.
There's the rub
The ageing villa  started operating as a brothel earlier this year, shortly after the back section of the property was subdivided and resource consent granted to build a brick and tile premises. New tenant Angel Wan took over the business in late June and says there's very little business for her and the other girl who occasionally works there. She doesn't understand the problems and accusations as business is very slow.