Auckland Council said yesterday it would fight appeals by landowners against 2 unitary plan decisions in favour of the council, and will also appeal on a third issue where the council lost.
Almost all 108 appeals against the Auckland unitary plan have been resolved in the Environment & High Courts.
But landowners have lodged appeals to the High Court against 2 of the 3 decisions the Environment Court has issued in the last 2 months. They relate to the location of the rural:urban boundary & zoning in the Crater Hill/Pukaki area at Mangere and at Okura, at the top of the North Shore.
The third recent decision concerns planning controls for subdividing land in rural Auckland. The Environment Court went against the council on that, and the council has decided to appeal.
The council released its decisions on the unitary plan in August 2016.
At Crater Hill/Pukaki, the Self Family Trust & adjacent landowners want their land included inside the rural:urban boundary.
At Okura, Todd Property Group Ltd has appealed against the Environment Court’s decision not to include its land inside the rural:urban boundary, where the company wants to build 1000 houses. That land is beside the Okura estuary marine sanctuary.
Council planning committee chair Chris Darby said yesterday: “We will actively support the Environment Court’s decisions in the High Court through the presentation of legal submissions.
“For a wide range of reasons, the Crater Hill/Pukaki and Okura areas are not suitable for urban development.
“In relation to the recent decision that deals with subdividing land in rural Auckland, our legal advice is that the Environment Court has made a number of errors in law. For that reason, and given the importance of protecting the rural economy’s finite resources such as high quality soils & sensitive rural landscapes, the council has decided to appeal this decision to the High Court.”
23 April 2018: Court rejects housing on Crater Hill & peninsula near airport
Attribution: Council release.