My Account
A rock garden that was created illegally on a public space in front of 93 The Esplanade in Manly remains in place, its future now up to Auckland Transport (AT).
Local residents and Auckland Councillor Wayne Walker have spoken out about the garden, saying it restricts public use of the area, and needs to be removed.
Initially it was thought that the planting was on the public reserve, so any decision about its removal sat with the Hibiscus and Bays Local Board. However, Auckland Council then discovered that it is in fact located in the legal road corridor.
This means that the retrospective land owner consent that the owners of 93 The Esplanade applied for once the garden was in place will no longer be processed by the council.
Instead, the owners need to apply to AT for an ‘encroachment licence’.
While AT is unable to comment on the specifics of individual cases, the rules on road encroachment are that it is an offence under the Local Government Act and the AT Activities in the Road Corridor Bylaw 2022 to encroach on the legal road, including planting, without AT’s written approval.
If such plantings happen without approval, AT can require removal within a time period that would be notified to the property owners.
Other possible steps that AT could take include prosecution, or removal of the plantings and charging that work back to the owner.
AT is in the process of considering its options and will keep the local board informed of any outcomes.
