Adverse effects on heritage values, character and amenity were more than minor and had not been adequately avoided, remedied or mitigated, Lutz found.<\/p>\n
Milenta restaurant in Victoria Park Markets. Photo \/ Babiche Martens<\/p>\n
Jesse Mulligan said<\/a> Milenta was \u201cideally placed to catch the summer crowd, and would be my number one place to spend a balmy Auckland evening\u201d.<\/p>\n He scored it 19 out of 20, in the category classed as \u201coutstanding, don\u2019t delay\u201d.<\/p>\n The site is owned by Grigori Koulanov, a New Zealand entrepreneur, investor, and business owner, via VPM Investments.<\/p>\n Koulanov told the panel the restaurant was a lightweight, predominantly timber structure within a courtyard.<\/p>\n It was intended to activate an underutilised part of the precinct. <\/p>\n He wanted to support the ongoing commercial viability of Victoria Park Markets and to do so in a manner that was reversible, sensitive to heritage values, and consistent with the character of the precinct. <\/p>\n The restaurant had been operating for some time and had become a popular destination, contributing positively to foot traffic and vibrancy, he told the panel. <\/p>\n Koulanov said that, based on his observations as a landlord within the precinct, the restaurant had improved passive surveillance, perceptions of safety, and visitor dwell time, and had complemented the existing mix of activities.<\/p>\n Yet neighbours complained.<\/p>\n \u201cHaving a smelly, noisy, rickety, unconsented eyesore in the middle of a heritage precinct and putting the life of protected trees in jeopardy would be reckless being approved by Auckland Council. <\/p>\n \u201cWe request the resource consent be rejected, Milenta shut down and removed, leaving what should be a courtyard being able to be shared by the general public,\u201d a neighbour said<\/a> in objecting to the operation.<\/p>\n In a statement VPM Investments acknowledged the declined application.<\/p>\n \u201cWe are disappointed by this decision and are currently taking legal advice on our options in response to this decision, including the possibility of an appeal.\u201d<\/p>\n VPM said as owner of the site on which Milenta sits, it had an established right to erect decks and canopies of a similar scale and visual character to the proposed consent which was declined.<\/p>\n \u201cIndependent reports commissioned by VPM confirm the building meets the current building code, that the adjacent p\u014dhutukawa tree is healthy, and that the venting system meets required air quality standards.\u201d<\/p>\n VPM said the resource consent denial related to a small commercial kitchen within the site and without that kitchen the site would look much the same.<\/p>\n \u201c…however we believe the ambience enjoyed by patrons of Milenta will be diminished as a result.\u201d<\/p>\n But Joanna Pidgeon of Pidgeon Judd Law, said construction of the restaurant building was in an area which was supposed to be in a pedestrian walkway and courtyard area for all owners and occupiers. <\/p>\n It was built without body corporate consent, building consent or resource consent, and in a Historic Heritage Overlay area which makes obtaining consent harder, she said.<\/p>\n Victoria Park Market is a Category 1 historic place of national importance, particularly due to its industrial origins. <\/p>\n It was also found that the restaurant obscured views of significant heritage elements, including the Stables and the historic cliff edge, which interrupted important spatial relationships between buildings and reduced the ability to interpret the site\u2019s historic function and layout, Pidgeon said. <\/p>\n \u201cWhile the restaurant may have had some positive effects, including adaptive reuse, increased activity and vibrancy, and economic and social benefits associated with the restaurant, these benefits were not sufficient to outweigh the adverse effects identified,\u201d she said.<\/p>\n As a body corporate complex, the unit owner should have got written consent from the body corporate before building too which did not happen, she said.<\/p>\n The siting of the restaurant in the courtyard meant some neighbouring unit owners had their shop fronts obscured, making their tenancies difficult to lease. <\/p>\n The decision notes that, as a matter of law, private property rights, including covenants and unit title governance arrangements, are generally not relevant to the determination of a resource consent application, and may be separately enforced. <\/p>\n The focus under the Resource Management Act was on the effects of the proposed activity on the environment, rather than on the nature of an applicant\u2019s legal rights or obligations in relation to the land. <\/p>\n \u201cRegardless of not being able to take those factors into account, no resource consent was granted. The applicants were not punished for building and operating without various consents and applying retrospectively, however it was still assessed as a non-complying activity,\u201d Pidgeon said.<\/p>\n Owners in the complex, opposing the application for resource consent, look forward to the area being opened up again and available for use by owners, tenants and the public, rather than a private structure occupying what is supposed to be an area for everyone, she said.<\/p>\n This will enable all of the occupiers to seek to have a more engaging interaction with the courtyard space.<\/p>\n On the presumption that there is no appeal of the decision by the unit owner, if the outdoor restaurant is not demolished and removed, Auckland Council should take enforcement action, she said.<\/p>\n \u201cThis can range from informal communications asking for removal, to fines, court action and a requirement to remove the structure and cease the activity. Lack of consent may impact on the complex\u2019s insurance also, so prompt action would be expected from both the body corporate and the council,\u201d she said.<\/p>\n The Herald has sought comment from Koulanov. <\/p>\nJesse Mulligan gave Milenta 19 out of 20. Photo \/ Babiche Martens<\/p>\n
Wilhelmina Shrimpton and Ben O’Keefe’s engagement party in March was at Milenta.<\/p>\n
Nectarines and burrata at Milenta. Photo \/ Babiche Martens<\/p>\n
Victoria Park Market had a $20 million revamp done in 2014. Photo \/ Dean Purcell<\/p>\n
Wilhelmina Shrimpton and Ben O’Keefe’s engagement party at Milenta last year.<\/p>\n
Milenta, the restaurant, is in a courtyard at Victoria Park Markets. Its owner was denied retrospective resource consent.<\/p>\n
One of the dishes at Milenta. Photo \/ Babiche Martens<\/p>\n
Chef Elie Assaf in Milenta’s open-air and open-flamed kitchen. Photo \/ Babiche Martens<\/p>\n