2nd opponent raises numerous appeal grounds
3 appeals have been lodged against consent granted by Manukau City Council to Vector Holdings Ltd (Andrew Campbell, also Hyspecs Developments Ltd) for a 6-storey commercial/residential building at 16 Fencible Drive, Howick.
The council’s hearings committee approved recommendations on Tuesday to defend the consents, but also to negotiate a resolution. The parties have met once and are to meet again this week.
The developer, which sought approval for 11 commercial units & has appealed against the requirement for 40 onsite parking spaces, suggesting 35, with the balance offsite or subject to a council payment in lieu. Vector also wants 2 access points to the basement parking instead of the 1 allowed by commissioners.
The other 2 Fencible Drive appeals are by opponents WK & HL Moffat and the Howick Ratepayers & Residents Association.
Among the Moffats’ appeal grounds, they say the decision is invalid because it wasn’t given within 15 working days of the hearing. The application was heard on 19 September 2002 and the decision issued on 7 March.
Other grounds include exceeding the maximum permitted height of 9m under the district plan by 10m, failing to comply with parking space requirements, not allocating the parking spaces, and not limiting use of the commercial units though they’ve been assessed for office use only.
The ratepayers’ association said the decision was invalid because the commissioners took into account information received from council staff and the applicant after the hearing and hadn’t made this information available to the association despite requests.
The association also criticised the parking arrangements, saying the consent was ultra vires because it retained discretion of approval for a fundamental provision of the application. The association said Vector’s plans only provided for 18 parking spaces and, as the building was to cover the entire site, with minimal landscaping, assessment of provision for 50 parks was needed. This shouldn’t be done outside the hearing process, it said.
The association said commissioners had incorrectly interpreted reasons for imposing the 9m building height restriction, and hadn’t assessed district plan provisions for visual amenity values, special character & heritage values.
In its final point, the association said the development’s height would have significant detrimental effects on the visual amenity of the residential area south of Howick village, would dominate Fencible Drive and the surrounding business area and wouldn’t retain the scale & existing character of Howick’s special business area.
The association wants 2 floors cut off the building and parking as allowed under the district plan.