28 September 2001
Wharepapa, 1475 State Highway 16, proposal to establish a sand quarry for 10 years on about 8ha of a 40ha site next to the Woodhill forest and another sand quarry.
Serenella Holdings Ltd (Ponsonby lawyer Barry Hart) has appealed against the decision of the council on 22 August to decline consent because sites of significance to iwi wouldn’t be adequately protected, the potential for adverse effects on such sites hadn’t been adequately addressed, heavy traffic movements would significantly affect amenity values on a neighbouring property, the hearings committee wasn’t satisfied the benefit of sand extraction would outweigh adverse effects, and the proposal didn’t adequately avoid or mitigate adverse effects in respect of iwi cultural issues.
Serenella said in its notice of appeal the council had invalidly had regard to actual & potential effects on persons who had given written approval and agreed with the sand extraction proposal, there was insufficient & inadequate evidence that the site contained Maori heritage features, and the council had refused consent for a discretionary activity on the basis of matters which weren’t in the district plan and matters over which it hadn’t reserved a discretion.
Delegated decisions reported 28 September 2001
Pakiri, Witten Rd, application by Damaris Investments Ltd (Kent Baigent & Lester Haycock) for a two-lot bush subdivision, approved.
Kaipara Hills Rd, application by C & Y Hadlow for a five-lot rural/residential subdivision, approved.
Kakanui, Kaipara Coast Highway, application by DM & MJ Gray for a five-lot rural subdivision, approved.
Sandspit, 52 Kauri Drive, application by RJ Didsbury to erect a double garage, approved.
Tawharanui Peninsula, 1018 Takatu Rd, application by Tokatu Holdings Ltd (Stephen Allbon, of John Spencer’s Clime Group, & Susan Allbon) for subdivision consent, decision to notify after councillor consultation.
Puhoi, 275 Ahuroa Rd, application by Puhoi Valley Cheese Co to build factory additions, approved non-notified after councillor consultation.
Ararimu Valley, 869 Peak Rd, application to subdivide by John Howarth Trust, decision made to notify.
Punganui, Kaipara Coast Highway, application by RG & IJ McCracken for five-lot rural subdivision, approved.
Wainui, 1556 Weranui Rd, application to subdivide into two lots, decision made to notify.
Kumeu, Access Rd, applications by Westland Property Services Ltd (now IMF Westland Ltd, Mark Gunton & Bryce Donne) for industrial boundary relocation & four-lot subdivision, both approved.
Woodhill, Hutchinson Rd, application by Stanley Phillips Trust for four-lot subdivision, approved.
Dairy Flat, 68 Horseshoe Bush Rd, application by S Brown family trust for boundary relocation, approved.
Manly, 4B Hurdlow Place, application by Calais Construction Ltd (Peter & Kay Breed) for comprehensive design subdivision, decision made to notify.
Hearing 28 September 2001
Dairy Flat, 36-38 Jeffs Rd, an application by Russell Malcolm to subdivide 2000mÂ² around a minor dwelling on his 3.2ha property.
The council’s hearings committee agreed that an independent commissioner should hear Mr Malcolm’s application. It was heard by Commissioner Ken Graham, who reserved his decision.
Mr Malcolm has had a running battle with the council over his property, refusing in 1998 to pay the $23,500 “voluntary contribution” which the council demanded over a period of about three years when proposed plan change 62 (introducing a formula for developer levies) was caught by developer opposition over its impracticalities. The plan change has still not been introduced.
The council claimed payment of the “voluntary contribution” was not a requirement for a consent to be issued or a hearing to be held. Mr Malcolm said in a letter to the new council in May he eventually signed the contribution form because only by making such an offer would an application be considered.
However, his opposition to the levy and allegations of standover council tactics to enforce it have gone to the High Court.
End for minor dwellings
Meanwhile the council’s proposed district plan seeks to end the allowance for separate minor dwellings on rural titles and to provide separate titles for such dwellings, largely because the system had been abused. In that light, Mr Malcolm’s application conforms with council direction, though the application is for a non-complying activity under the existing plan, and non-complying under the new plan because the site is smaller than the minimum 1ha.
But there was still room for disagreement, because the council still wants to charge a range of levies — upgrading a rural road, cash in lieu of land for reserve & outstanding scheme plan processing fees — which Mr Malcolm disputed.
The rules for minor dwellings require that they be less than 65mÂ², but the Malcolm building has 128mÂ² on two levels, not all of it residential. The council granted resource & building consents for this oversize structure in 1996. Mr Malcolm and the council then entered a dispute over a lean-to carport, which was also unresolved.
Levy basis disputed
At Friday’s hearing, Mr Malcolm argued that there was no call for road or reserve levies because the council’s consultant planner, Nicola Sedgley, concluded the subdivision proposal was not contrary to the objectives & policies of relevant planning documents and did not create adverse effects that were more than minor.
This was because there would be no additional development. But the council still sought $4500 to upgrade Lower Jeffs Rd — which Mr Malcolm said the occupants would not use, and which he said the council had told the Environment Court would not be upgraded –and a levy for reserves at 7.5% of a new special valuation, plus gst.
This is an interesting call, because the planning report gives no indication that this valuation would be for the site before the additional building was erected. Hence, in this application, the council has made a bid for a developer levy based on the value of land where the use has been improved.
General basis, but no new effect
Ms Sedgley produced a case for this levy in a general paragraph on effects on infrastructure, where she said “development more intensive than that envisaged by the planning documents creates additional demand & adverse cumulative effects on infrastructure in the districtâ€¦ The conversion of a minor household unit to a primary dwelling usually results in an increased intensity of activity.
“It is understood that the applicant is not prepared to make a voluntary contribution. It is considered more appropriate to require contributions as calculated under the transitional provisions of the Resource Management Act which the council is entitled to take upon the subdivision of land.”
However Ms Sedgley then noted that the two Malcolm dwellings have independent septic tank systems, stormwater goes to an existing pond (a system which could be improved) and the roadway would not became less safe because there would be “limited additional traffic movements”.
She also noted that the proposal would be within the countryside living rural zone of the new district plan and that “the granting of subdivision around the existing dwelling would not lead to an intensification of development, and therefore the effect would be no different to the present situation.”
No council comment was offered on Mr Malcolm’s highlighting of that statement as a reason for no levy being charged.
Environment Court callover 28 September
Consent orders to be issued
Red Beach 69 Bay St, appeal by Ron Goodwin (general manager of Australian housing developer Wilbow Corporation’s NZ business, and formerly general manager of Universal Homes Ltd, in his private capacity as a neighbour) against neighbour Ian Carpenter’s application to remove two old houses and build two new ones.
Silverdale, Old State Highway 1, appeal by Auckland Regional Council against consent for Universal Homes Ltd to develop 28.19ha into 294 lots. The regional council appealed against the district council decision to grant consent, over concern at cumulative effects in the absence of detailed provisions in the district plan and a catchment management plan for the Silverdale North area, though the site is part of a wider area identified in the district council’s plan change 55 as a future urban expansion area.
Consent documents being prepared
Wainui, Harutu/Weranui Rds, appeal by June Thompson over 34-lot Kelly Park equestrian subdivision, which was opposed by the Auckland Regional Council on land productivity issues.
Wellsford, 17 Port Albert Rd, appeal by Dave Bell against decision to decline consent for a seven-lot subdivision on 16ha, meeting on hearing 7 October.
Kawau Island, Smeltinghouse Bay, appeal by Sir Roger Bhatnagar against the commissioner decision to decline consent for a boardwalk & jetty, originally extending 65.2m into the bay, modified to extend 46.5m.
Opahi Bay, application by GW James to subdivide two sections into four on the foreshore of the bay, at Mahurangi West.
Adjourned to next callover
North Shore aeropark, appeal by Pauanui Developments Ltd & Redvale Lime Co Ltd against refusal of consents for earthworks (Auckland Regional Council) & subdivision development (Rodney District Council).
Special council meeting Monday 17 September on Weiti Crossing, local government financing
Rodney District Council has called a special meeting for 9am Monday 17 September to discuss protocols for evaluating expressions of interest in the funding, design, construction, operation & maintenance of the proposed Weiti toll road.
The meeting will also consider a proposed submission to the local government & environment select committee on the Penlink (Weiti Crossing) legislation.
Also on the agenda is the Auckland region local bodies’ submission on the Local Government (Rating) Bill.
Hearings committee, 21 September 2001
Dairy Flat, Whiteway Farm, 844 State Highway 17, the committee will consider an application by Location Estates Ltd (Location Group Ltd, Mark Weipers & Roy Richardson) to subdivide 95.622ha into 63 cluster housing sites, access lots and a 71.85ha communal lot with a farm manger’s home. The property is 50m north-west of the Durey Rd intersection, between Redvale and Dairy Flat.
Planning consultant Barry MacDonell said in his report the application was non-complying, but that while it was contrary to the policies & objectives of the operative district plan, it was consistent with proposed plan change 55 and the proposed district plan 2000. He said the proposed density was consistent with that envisaged for the proposed countryside living rural zone, and he recommended consent be granted, subject to conditions.
The Auckland Regional Council has lodged notice of opposition to the proposal. The regional council has also determined that applications for consents for sediment control, works in a watercourse, discharge & diversion of stormwater, and to dam water, can be dealt with on a non-notified basis, so a joint hearing doesn’t need to be held.
Pakiri catchment plan
Pakiri Farms Trust Ltd (Roko Urlich, Whangarei, represented onsite by Greg Davison) made an application for urgent consideration on 14 August of its proposal to relocate nine lots on its 173.7ha site on Pakiri Rd, Pakiri, by way of boundary relocation, protection of an area of significant bush and to have more than five lots serviced off a private access with steeper gradients than the maximum stated by the council.
On 24 August (see below), councillors decided the Pakiri Farms application should be notified.
A scheme plan has been lodged for the subdivision, which could ultimately have 30 lots down to a minimum 2ha.
At the council’s works & services committee’s meeting on 12 September, senior sewerage & refuse planning engineer Andrew McGregor said the developer believed Pakiri village’s septic tank sewerage systems were malfunctioning, creating pollution in water tables around the village and Pakiri Stream, and inhibiting investment in village properties.
Pakiri Farms wants to develop an exclusive large-lot subdivision incorporating a golfcourse and health club next to the village.
The developer has offered to let existing village properties connect to the package sewerage treatment plant proposed for the development and for the council to facilitate this.
The council’s environmental health officers at Warkworth said they had had no complaints from Pakiri residents about septic pollution.
The council committee resolved to carry out a sanitary survey of village properties for a report back to the committee within three months, and resolved that the council should establish the need for a stormwater catchment plan for the development proposal.
Penlink toll road (Weiti Crossing), the local bill for the Weiti toll road was introduced into Parliament on 8 August and has been referred to the local government & environment select committee. Submissions on the bill close on 20 September.
The district council is also making provision to alleviate congestion on the Whangaparaoa Peninsula if there is no Weiti toll road, which the previous council studiously avoided doing. The new council agreed at its meeting on 30 August that a project brief be prepared to study options.
Delegated decisions reported 14 September
Stanmore Bay, Karepiro Drive, consent for RNV Holdings Ltd (Nigel Varey & Vic Cameron) to build three warehouse/showrooms.
Hearing, 24 August:
Coatesville, 76 Wake Rd, application by K & J Walker to subdivide 4.21ha into two lots of 1.2564ha & 2.9528ha , countryside living rural, was granted on grounds that the site was of unsuitable gradient to be used for horticulture or cropping and was too small to be used as an economic pastoral farm, intensive farming unit or forestry unit; the site’s most appropriate use was for rural-residential purposes; subdivision would not result in conflict between rural-residential development and rural activities on adjoining sites; and potential adverse environmental effects would not be more than minor.
Pakiri, Pakiri Rd, application by Pakiri Farms Trust Ltd (Roko Urlich, Whangarei) to relocate nine lots by boundary relocation, protect an area of significant native bush to create the relocation, and to have more than five lots off a private access with gradients steeper than stated maximum grades, on a 173.7ha general rural site.
The council’s hearings committee decided the application should be notified. It wasn’t satisfied the effects of the subdivision would be minor and, in particular, owing to potential instability, adverse effects could occur with respect to stormwater & sewage disposal.
Neighbours who might be adversely affected had not given their written approval.
Although the committee said the bush protection was very desirable, it found the concept of the subdivision might be contrary to the policies of plan change 55 and the proposed district plan, which protect general rural land from this type of subdivision. “It is appropriate in this circumstance that the application is subject to public scrutiny,” the committee said.
Kaipara Flats, Tauhoa Rd, application by JV & SS Drinnan to create three more rural residential sites on the 81.2970ha property was declined.
The property is zoned rural 1 now and general rural in the proposed district plan and Rodney’s plan change 55.
The hearings committee found the proposal was contrary to the policies of the general rural zone controlling subdivision, it would reduce the productive capacity of rural land, the area being covenanted was insufficient, particularly in relation to the provisions of proposed plan change 55, and the adverse environmental effects would be more than minor.