Hotel company alleges Waiwera redevelopment conditions outside council powers
Waiwera Resorts (John St Clair Brown & Cliff Cook) alleges Rodney District Council’s hearings committee acted outside its powers in a number of respects when it granted consent — with 40 conditions — to a new plan to redevelop the Waiwera Hotel site. (Waiwera hearing story)
The hotel company has appealed against many of the conditions, including one imposing a requirement for far more parking than was sought — or, if that condition can’t be met, scaling down the project — another requiring the hotel provide onsite parking for three buses, and another requiring a 5m easement to the beach which isn’t designed to discourage the public from using it.
As with many of the Rodney appeals, mediation is under way.
Algies Bay, Goodall Rd, application by Karl Nola to create 7 lots on 22.6ha, with access across Conservation land. The Conservation Department’s appeal was settled on 14 December through a transfer of land.
Orewa, 9-15 Tamariki Ave, Judge Lawrie Newhook granted consent in the Environment Court on 10 December 2001 for Gillespie Property Group Ltd (Ian Gillespie)’s apartment development proposal with some amendments, including one providing for one parking space/every 25mÂ² of gross retail floor area, one space/36mÂ² gross office floor area and 2 spaces/each residential unit. Gillespie has sold the site to Cornerstone Group Ltd (Rick Martin) which has changed the design for its 147-unit, 12-storey development. The National Trading Co (Foodstuffs) had appealed over parking provision.
Riverhead, 45 Croft Lane, appeal by applicants Jim & Jean Mathieson against council decision on 27 November 2001 rejecting subdivision of 5.13ha lot. The council said the proposal had the potential to generate adverse effects, including creating further rural-residential development in a general rural activity area, and potentially resulting in conflicting land uses & residents’ expectations. The parties are in mediation.
Kumeu, 140 Hanham Rd, appeal by applicants Shona & Michael Jurlina against refusal of proposed subdivision of 9.9334ha in two, with 2ha cut off, and protection & revegetation of bush & wetland areas. The parties are in mediation.
Waiwera, 15-17 Waiwera Rd, the council granted consent on 23 November 2001 to Waiwera Resorts Ltd (John St Clair Brown & Cliff Cook) to redevelop the Waiwera Hotel site for a 198-unit (99 residential unit titles) hotel, 944mÂ² of conference rooms, 136mÂ² of ancillary shops, restaurant and health & beauty suite, plus extensive pools & outdoor recreational area. Waiwera Resorts designed it with 222 basement parking spaces and 26 other parking spaces.
The company has appealed the consent, objecting to 17 conditions and alleging 11 of them are outside the powers of the council.
In particular, the council required parking for 395 vehicles, and said that if that number couldn’t be provided onsite, the scale & nature of the project would have to be reduced. For example, the council said, fewer parking spaces could be required if there were no conference facilities. The council also required onsite parking for 3 buses, one of the allegedly ultra vires conditions.
Among other allegedly ultra vires conditions, the council required a 5m-strip easement for public beach access — without fences or structures that would discourage or prevent public access to the area or reduce the open character of the beachfront — and required that, before construction, design plans be submitted for approval showing the design, form, appearance, building materials & finished colour of buildings. The council also required that buildings “shall be sympathetic with the surrounding coastal environment.”
Negotiations are continuing.
Matakana, 14 Anderson Rd, appeal by James Lockwood against refusal of consent to subdivide 6182mÂ² round a registered historic building to create a 1.114ha rural-residential lot. The council expects an Environment Court request for mediation.
Port Albert, 917 Port Albert Rd, appeal by David Bell against council refusal of consent for an 8-lot rural-residential subdivision on 16.04ha for the purpose of small-lot farming. The council hearings committee has rejected settlement by consent order and wants the case set down formally before the Environment Court.
Delegated decisions, 25 January
Wayby Valley, Whangaripo Valley Rd, application by Carter Holt Harvey Forests Ltd for booundary relocation between 9 sites in general rural zone, approved 13 December.
Sandspit, 52 Kauri Drive, application by G4 Properties Ltd (Richard Didsbury & Ross Green of Kiwi Income Property Trust) for boundary relocation between 5 sites in the east coast rural zone, approved 13 December.
Sandspit, Brick Bay Drive, application by Norterra Rural Resources Ltd (Bruce McCallum) to establish 21 more low intensity residential lots, approved 21 December.
Waitoki, Field Lane, application by Philip Grainger to establish a rural-residential site instead of preserving native bush, approved after councillor consultation 24 December.
Te Pua, 44 Rimmer Rd, application by Ian Stanley Broxton for non-complying 2-lot subdivision, decision to notify 21 December.
Kumeu, 10 Shamrock Drive, application by Gurney family trust to establish a showroom within the industrial zone, approved 10 January.
Stillwater, 167 Spur Rd, application by SH Chan to import 2000mÂ³ of earth, approved 13 December.
Gulf Harbour, Alec Craig way, application by Gulf Corp Marketing Ltd (Jamie Peters) for an integrated development containing 27 residential lots & dwellings, approved 14 December.
Orewa, 70A Grand Drive, application by Jadco Investments Ltd (John Hayes Hamilton ) for retrospective consent for retail activities established in 2001 and to establish other retail activities, approved 13 December.
Dairy Flat, 1835 East Coast Rd, application by LP England to import 1000mÂ³ of cleanfill, approved 18 December.
Silverdale, 130 Foundry Rd, application by Martin Spencer & Associates Holdings Ltd (Martin Berridge Spencer) to fill an old limestone quarry with 7000mÂ³ of clean clay fill, approved 18 December.
State Highway 1, Pohuehue, application by Papillon Investments Ltd (James Lockwood, Kaipara Hills) for a 30-lot forestry farm park subdivision. Submissions close with the Rodney District Council on Friday 15 February.
Coatesville, 442 Coatesville-Riverhead Highway, application by James McIntyre to subdivide one lot into four. Submissions close with the council on Friday 22 February.
Stillwater, Newman Rd, application by Christine Sherson to subdivide 6.4999mÂ² into three lots of 1ha, 2.9ha & 2.5ha. Submissions close with the council on Friday 15 February.
Stanmore Bay, 65 Scott Rd, application by Kim Haley-George to subdivide a lot in the low intensity residential activity area (landscape policy) into three residential lots. Submissions close with the council on Wednesday 13 February.