Stuff has reported that an Auckland family has successfully fought back against a council-approved townhouse that threatened their privacy and overshadowed their newly built swimming pool.
Andrew Williams, who lives on Epsom Ave with his family, had only recently installed a pool when he noticed unusual activity on the neighbouring Epsom Gardens townhouse development. Builders appeared to be constructing the second storey much closer to his boundary than the original consent allowed — a change that would have given neighbours a direct line of sight into his pool and entire back lawn.
The Epsom Gardens project consists of more than a dozen townhouses, but Williams knew the original conditions required the second floor to be set back from the first. When he spotted the changes in February last year, he realised the build was straying outside consent rules.
What Williams didn’t know at the time was that Auckland Council had already varied the consent, permitting the townhouse to be taller and positioned closer to his boundary than initially approved. The decision was made without his awareness — and left him furious.
Williams took action, challenging the consent process. The court ultimately sided with him, finding that the development could not proceed in its altered form without properly considering the impact on neighbours.
The ruling is being seen as a significant win for residents seeking to protect their privacy and property rights in the face of rapid urban intensification.
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