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Appeals to council for orders to strengthen earthquake-prone Adelaide and Tommath buildings

 


Ross Giblin/Staff

Wellington City Council wants to strengthen a court order over the old Adelaide Hotel, Wellington, and to recover the cost from the owner. (file image)

Wellington City Council has appealed against a decision that would cause him to submit a series of court orders to strengthen earthquake-prone buildings whose owners have failed to repair.

In Wellington High Court on Monday, council attorney Nick Whittington said there are more than 500 earthquake-prone commercial and apartment buildings in Wellington.

The council can apply for an order under the Building Code to bring buildings to a minimum of 34 percent of the standard required for new buildings.

The interventions to strengthen the Adelaide Hotel, Mt Cook and Toomath Building on Ghuznee Street in the city center are believed to be test cases of their kind. The owners did not meet the deadlines to strengthen the buildings.

Read more: * Wellington Council appeals against decision to strengthen Adelaide Hotel * Wellington council needs to make clear what it wants to do to fix historic earthquake-prone hotel * Lawyers claim Adelaide owners are not responsible for the public safety of people outside the building * Wellington building owner given 20 days to act as “An unacceptable danger to the public”

At the corner of Adelaide Road and Drummond St, the hotel was built in the 1890s and is a rare example of a typical late Victorian hotel.

The former Tramway has stone and ornate facades on two street fronts, and is in very poor condition, and has not been occupied since 2011.

A Wellington County Court judge refused to order that council could perform unspecified seismic strengthening work on a building that was listed as heritage in the council area plan.

The district court said that despite repeated notices requiring earthquake strengthening since 2006, the owner had reinforced the unreinforced building in the facade.

KEVIN STENT / Stuff

The Toomath buildings, located on Ghuznee Street in central Wellington, need reinforcement. (file image)

The building was acquired by Lakhi Maa Ltd in 2015. It wanted to redevelop the site as a hotel, and its application for demolishing the building was pending in the meantime.

Whittington told Judge Rebecca Ellis that the work would be mostly to support the facades and install steel girders.

He said the owner might have done it differently, but they had their chance. But to do the work, the council needed to assess the building and then arrange for the work to be done.

In a December 2020 decision, U.S. District Judge Chris Twohy said the board needed specific plans for action.

I think the council should ask for a court order to enter the building to evaluate it and prepare plans, and then go back to court to get another order to do the work.

If the court issues the order, the owner will be responsible for the cost of board strengthening work.

But Whittington said there should be one court order per building, and it wouldn’t be a blank check for the council. The council’s focus was on increasing the percentage of buildings to 34 percent, or demolishing.

There is no need for a cost-benefit analysis, Whittington said. The Board can still decide that the risk to life was so great that the work must be done even if the cost cannot be recovered from the owner.

The owners of the Adelaide and Thomas buildings are opposed to the council’s appeal, which is expected to expire on Tuesday.

Sources

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2/ https://www.stuff.co.nz/business/property/125778144/council-appeals-for-orders-to-strengthen-earthquakeprone-adelaide-and-toomaths-buildings

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