January-February 2018 Local Board Member Report

WLB logo croppedPurpose

This report covers my Waitematā Local Board Activities between December 2017 and January 2018 as Lead of the Planning and Heritage portfolio; co-holder of the Transport portfolio; Local Board representative on the Parnell Business Association; and member of the Auckland Domain Committee.

Executive Summary

  • As the second half of December 2017, all of January and the first half of February 2018 have been the holiday shut-down period for Council, there is little to report but progress on resource consents
  • Work began on the Parnell Plan in December 2017. More details on this in the Portfolio Report below
  • On Waitangi Day I attended a memorial service for Governor Hobson at his grave in the Symonds Street cemetery
  • I keep track of resource consent applications as they are received by Council, requesting further information, plans and Assessments of Environmental Effects for applications of interest. Significant applications are referred to the relevant residents’ associations for their input which I then relay to planners as part of the Local Board’s input. Reporting of resource consent applications, planning portfolio input, hearings and decisions in the Local Board area for this month is detailed in the Heritage, Urban Design and Planning section of this report under the headings ‘Planning’: ‘Resource Consents’

Portfolio Report: Heritage, Urban Design and Planning

Portfolio Responsibilities

Heritage, Urban Design and Planning covers a mix of regulatory and non-regulatory activities including city planning and growth, heritage protection, urban design requirements, Local Board resource consent application input, and bylaw development, including advocacy to achieve local priorities relating to heritage preservation, good urban design and spatial planning. Regulatory and policy oversight of local liquor licensing, signs & billboards, and brothels.

Parnell Plan

Parnell Plan areaThe Parnell Plan will set a 30-year vision for Parnell, with a 0-10 year implementation plan. The area of interest for the Plan is depicted in the map below. The plan area boundary is depicted as a dotted line to acknowledge that the Plan will consider the wider context of the area, in particular with regard to connectivity. We also discussed the central role of the working group made up of community representatives who will collaborate with the project team to develop the  draft Plan to be approved for release for broader public engagement by the Local Board.  Local Board Chair, Pippa Coom, and I have been confirmed as the Board’s representatives with Member Northey as the alternate.

Initial contact with prospective working group members was made in December 2017 with follow up in the new year to confirm the Terms of Reference.  The proposed public engagement timeline is below.

Parnell Plan engagement plan

Workshops with stakeholders will be held in the following time periods:

Introductory Workshop: 12-14 February

Workshop 1: 19-22 February

Workshop 2: 5-9 March

Workshop 3: 19-23 March

Workshop 4: 9-13 April

We have been well served by the planning team in putting together a robust process with a working group approach that has strong community representation to develop a draft for public consultation. This approach has the Board’s support.  We were also excited by the team’s suggestion to include tactical urbanism ideas to promote the Plan – building on ideas from Tomorrow Parnell.

Disposal of Council-owned Properties

At the Finance and Performance Committee of the Governing Body the following resolution was passed on 12 December

MOVED by Chairperson R Clow, seconded by Cr C Darby:

That the Finance and Performance Committee:

a)approve, subject to the satisfactory conclusion of any required statutory processes, the disposal of the land at 80 Vincent Street, Howick, comprised of an estate in fee simple more or less being Lot 7 DP 50372 contained in computer freehold register NA7B/821;

b)approve, subject to the satisfactory conclusion of any required statutory processes, the disposal of the land at 41 Cheshire Street, Parnell, comprised of an estate in fee simple more or less being Lot 2 DP 85443 contained in computer freehold register NA41C/768;

i)        support council’s Stakeholder and Land Advisory Services team, Community   Facilities – working with Auckland Transport and Panuku as required – to negotiate easements for pedestrian and cycling access to the Parnell Railway Station and adjoining cycleway.

c)      approve, subject to the satisfactory conclusion of any required statutory processes, the disposal of the land at 108 Hepburn Street, Freemans Bay, comprised of estates in fee simple more or less being Lot 1 Deposited Plan 68838 and Lot 2 Deposited Plan 68838 contained in computer freehold register NA25A/322 and NA25A/323;

Councillor Lee moved an amendment, which was not successful, as follows:

MOVED by Cr M Lee, seconded by Cr C Casey an amendment by way of replacement to b)

b)      approve, subject to the satisfactory conclusion of any required statutory processes, the disposal of the land at 41 Cheshire Street, Parnell, comprised of an estate in fee simple more or less being Lot 2 DP 85443 contained in computer freehold register NA41C/768;

i)        subject to council’s Stakeholder and Land Advisory Services team, Community   Facilities – working with Auckland Transport and Panuku as required – to negotiate easements for pedestrian and cycling access to the Parnell Railway Station and adjoining cycleway.

Resource Consents

The portfolio request information on resource consent applications of interest as a matter of course. The Local Board can have input into the decision on public notification of a resource consent application but not into the substantive matters of the application. The input of the Local Board is not binding on the commissioner making the decision. Nonetheless, on some significant applications we will include substantive comments along with our views on notification.

  • 18 Westmoreland St West, Grey Lynn. LUC60312095. Redevelopment of existing warehouse building at 18 Westmoreland Street from salvage yard/trade supply to mixed commercial and all enabling works. This application by Tournament Parking seeks to redevelop an existing warehouse building. The applicant proposes the re-use of the existing warehouse building on the site for continued use of existing retail, office activities, hospitality activities, as well as warehousing and light manufacturing activities. Once tenants are found, the final layout of the tenancies will be determined. Redevelopment is limited to external façade works including replacement glazing, canopies, new façade treatments as well as internal structural changes to allow for five separate tenancies. Site-wide works include the redevelopment of the courtyard in front of the building, landscaping, signage and the formalisation of the existing parking area which will provide 18 vehicle spaces at the front of the site. The external works proposed works are as follows: New entries and canopies along the northern façade; new roller doors; replacement glazing along the northern façade; removal of the existing lean-to which will be replaced with a new low level block wall; removal of existing retaining wall along north-western façade to provide for new footings; proposed courtyard at the back of Tenancy 5; minor earthworks in the north-eastern corner of the site to create consistent ground level for new courtyard area and carparking area; removal of power post upon agreement with Vector; landscaping works. The Board have not had input into this application.
  • 159 Beaumont Street Auckland Central. LUC60311946. Wynyard Precinct Sub-Precinct D. The proposal involves a modification to the requirements for noise insulation in an approved residential apartment building. The proposal provides an indoor noise level of 35dBa L10 in every bedroom and 45dBa L10 in any other habitable spaces (as defined in the NZ building code), based on modelling of the permitted noise environment rather than the higher noise level standards in the Auckland Unitary Plan, standard I214.6.4(2) for the Wynyard Quarter. Overall consent is required for a restricted discretionary activity. The applicant considers that the proposed noise insulation will still provide appropriate acoustic amenity for the residential use and the residential use will not have a reverse sensitivity impact on the marine industry within the surrounding area. The Board have not had input into this application.
  • 19/75 Parnell Road, Parnell. TRE60312026. Removal of one Phoenix Palm and two Chinese Fan Palm trees within the entrance courtyard of the Mayfair Building. This application covers just the palms that are crowding the entrance on the basis that they are damaging the building, the conifers will remain. The Board have not had input into this application but, having visited the site, I can see the reasoning behind removing the trees which should probably never have been planted in the first place.
  • 45-53 Ponsonby Road, Freemans Bay. LUC60311788. The site is located within the Business – Town Centre zone and the proposed activity requires resource consent as a restricted discretionary activity under the provisions of the Proposed Auckland Unitary Plan, Operative in Part (AUPOP). The building is identified as being a “character defining” building within the Special Character Area – Business Ponsonby. The building contains a number of tenancies involving retail and commercial activities. The proposed cocktail bar will be located within the ground floor tenancy referred to as Level G, Number 45 Ponsonby Road, which is currently a Vietnamese restaurant (Lac Viet Vietnamese Restaurant). The proposed activity will take place internally, and within the small deck and courtyard area located between the building and the front boundary of the site. The proposed change of use will require no physical alterations to the premises that go beyond superficial fitout and decorative works. The tenancy is allocated two parking spaces that are located to the rear of the site, accessed off Colin Shaw Lane. These parking spaces will be used for loading, servicing, and staff parking as required. Proposed hours of operation for the cocktail bar will be Monday to Sunday 12 noon to 2 a.m. The part of the bar that will be open to the public is enclosed on three elevations with openings restricted to the southern elevation only, out to Ponsonby Road. Back of house areas will create a buffer between the “bar” area and residential areas to the north. The Applicant proposes to manage the operation of the premises to ensure that the permitted activity noise standards for the zone are met. Conditions of consent reflecting the above standards as an operational requirement would be accepted.
  • 8 Scotia Place, Newton. Application for external alterations and additions to an existing building, as part of its remediation works. The works include a new curtain wall and rain screen cladding to enclose the northern and southern balconies, replacement of the building façade and roofing, new parapet 790mm above the existing rood level and repairs to the external plaster and structural steel where possible. The proposal will increase the building’s gross floor area by 14.8m2, and will not infringe the site’s maximum height, or change its floor area ratio (4.8:1). However, the proposal will result in an infringement to Standard H8.6.3 of the Auckland Unitary Plan in relation to ‘admission of sunlight to public places’, and increase the building’s shadowing over Myers Park. We requested public notification on the basis of the shadowing of a public space.
  • 155-167 Fanshawe Street, Auckland Central. LUC60126795-B. Variation of consent conditions as follows: the relocation of the service core will see the elevators/bathrooms/kitchen facilities relocated to the core of the building; previously split level 1 now one level, resulting in an overall reduced height of the building’ end of trip and cycle facilities have been relocated to the basement; the courtyard to the north of the building has been relocated to level two and reduced in area; the retail area gross floor area has increased from 113m2 to 340m2; atrium bridges have been increased in size to make usable, occupiable spaces; the level 6 balcony reduced in size; the roof plant has been moved to the centre of the building. The Local Board did not have input into this application.
  • 46-56 & 58 Albert Street, Auckland Central. LUC60312611, WAT60312613. Resource consent is sought to construct and operate two hotels stacked one above the other in a single 39-storey tower building for Even and Holiday Inn Express Hotels. The building will have two basement levels, an independent retail unit on the ground floor, ancillary hotel services and facilities on the first 4 levels, rooms for the Holiday Inn Express hotel on levels 5-19, and rooms for the Even hotel on the upper levels. The building will also provide 22,713m2 GFA in visitor accommodation and retail. Consenting matters include construction of new buildings; claiming light and outlook and residential bonuses for bonus floor area; infringements to the 6-metre tower separation standard; infringements to verandah height; diversion of groundwater caused by excavation; general earthworks greater than 2500m3; removal of and works within the protected root zone of street trees; comprehensive development signage; parking, loading and access; and for land disturbance associated with contaminated land under the NES. The proposal requires non-complying activity resource consent. The Local Board did not have input on this consent.
  • 70 Ivanhoe Road, Grey Lynn. LUC60312598. New 8-unit residential development. A previous consent was approved in 2014 for 6 units on the site. The site is zoned Mixed Housing Urban. Reasons for consent include –  three or more dwellings per site, construction of a vehicle crossing with a vehicle restriction area and buildings located within an overland flowpath. Overall, resource consent is required as a restricted discretionary activity. The Local Board did not have input into this application.
  • 5 Gibraltar Crescent, Parnell. LUC60312711, SUB60312712. Application for consent to alter the existing two storey second building on the site at 5 Gibraltar Crescent (40 Cheshire Street) to continue a business activity associated with the ground floor of this building (and previously consented) and utilise the upstairs floorplate for a residential apartment of 85m2. The application involves utilising the existing building footprint and floor area (167m2) with new balcony and ancillary parking space with vehicle crossing. Written approval has been obtained from 33 Falcon Street. Subdivision application is to subdivide the site into two lots: Lot 1 will be 489m2 and Lot 2 is 279m2 where the existing workshop is located. The Local Board did not have input into this application.
  • IMG_6289

    The partially-demolished building from the corner of Federal & Wolfe Streets (photo credit: Vernon Tava)

    9 Wolfe Street, Auckland Central. LUC60313089. Demolish existing buildings at 9-11 Albert Street & 9 Wolfe Street and undertake internal alterations to 13 & 15 Albert Street. 13 Albert Street (the former Yates Building) frontage​ is Heritage B-​listed under the Unitary Plan; the interior of the building and the car parking building at the rear (9 Wolfe Street) are exempted from the heritage protection. 15 Albert Street is identified as a “special character building”. The controls apply only to the exteriors of the buildings. The demolition is a Controlled Activity under the AUP so Council must grant consent (unless it has insufficient information to determine whether the activity is a controlled activity) and may only impose conditions on the consent regarding pedestrian amenity and safety, reuse of building materials, site condition post-demolition, and traffic generation. The Local Board’s concern is that the exteriors of 13 and 15 Albert Street are preserved; the interiors of the buildings are very run-down and, in some places such as the carpark, dangerous. The Local Board did not have input into this application.

  • 5 Melford Street, Ponsonby. LUC60313437. Additions and alterations to an existing building in a special character areas overlay and the construction of an accessory building at the rear of the site. Modification of the existing vehicle crossing. the replacement of the existing carport with one of similar proportions and in the same place, it will be constructed of painted steel framing with a timber roof to match the material of the dwelling. The store room on the upper level will be extended and the laundry on the ground floor will be extended and a toilet added. The replacement of the existing front wall with a longer wall that is located closer to the front boundary. The wall will be concrete. The north-facing skylight on the dwelling will be removed and replaced with timber shingles to match the existing roof. The southern (street) facing skylight will be replaced for maintenance. A steel and timber pergola will be constructed at the rear of the site. The vehicle access will be widened and the entry ramp modified. The Local Board did not have input into this application.
  • 33 Scanlan Street, Grey Lynn. LUC60313503. An existing commercial unit will be converted into a family residence, offices (including workshop, theatre, gym, etc.) and accommodation accessory to the offices; the proposal is for a film director/producer so is not a typical office space and the accommodation provided as accessory to the office will be restricted to use of overseas business people and visitors connected to the business and is not for permanent occupation or to be rented out. The building does not abut any residential dwellings and the proposed work will be a visual improvement so the Local Board did not have input into this application.
  • 42 Fife Street, Westmere. LUC60313356. Removal of existing house and replacement with a new family home with landscaping and pool. Very large (unscheduled) pōhutukawa in front of the house. Land use consent is required for the demolition of an existing dwelling, and erection of a new two storey (ground and basement level) dwelling. The proposed dwelling will have 4 bedrooms, living and kitchen spaces, a double garage, landscaping works and a rear pool. The proposed dwelling largely sits within the allowable development envelope for the subject site, with consenting matters being infringements to the height in relation to boundary standard, and infringing the maximum permitted width for a vehicle crossing on a dwelling. It is noted that the applicant has obtained written approval from the adjacent neighbours at 40 Fife Streetfor the proposal. The proposal requires resource consent for a restricted discretionary activity. Further enquiry on my part revealed that the tree has already been removed. We had no further input.

Significant Resource Consent Matters

51-53 Albert Street, Auckland Central – Hotel development fronting on Saint Patrick’s Square and Albert Street

BUN60308038, LUC60308036, DIS60308037. This application has a long and complex history. The latest application, which is still awaiting s 92 RMA requests for information, is for a breach of the maximum total floor area ratio and will also deal with access by vehicle to the construction site and finished building by car and truck across the legal road part of Saint Patrick’s Square.

In February 2009, land use consent was granted to a previous site owner for the redevelopment of the site to construct a 46-storey residential apartment building including 15 mezzanine levels and 31 levels of residential accommodation under consent reference R/LUC/2006/7101. The building was proposed to accommodate 150 apartments, a café, a through-site link and 95 parking spaces. Separate vehicle entrances and exits are proposed from Albert Street, to provide access to the loading area and eight levels of carpark stacking within the basement. The consent provided for either demolition of the entire building (Option A) or reconstruction and retention of the Albert Street façade and demolition of the remainder of the building (Option B). The application was limited notified and 8 submissions were received. The [then] Auckland City Council determined to grant consent subject to a range of conditions.

The consent was subsequently appealed by two parties related to Saint Patrick’s Cathedral. This appeal was withdrawn following the approval of a variation to the consent (R/VCC/2009/1516) which addressed the concerns raised by the appellants regarding noise and geotechnical matters to do with extensive proposed basement excavations by significantly reducing the scale of excavation. A further variation to the original consent was approved on a non-notified basis in 2014 that modified Condition 2, which required the sites at 51-53 Albert Street and 55 Albert Street to be held together for development purposes (consent R/VCC/2006/7101/1).

In July 2013, consent was granted to extend the lapse period of the existing consent by 3 years from 18 February 2014 to 18 February 2017 (R/EXT/2006/7101/1). In August 2013, consent was sought and obtained for the demolition of the existing building only (R/LUC/2013/3468), that consent has now lapsed.

In December 2016, a section 127 RMA application was lodged to vary both the development and demolition consents to confirm that only Option B of the original consent (retention of the Albert Street façade and demolition of the rest of the building) would be pursued. This application was approved in January 2017. As part of the assessment of that application, Council’s Built Heritage Specialist, Dr Bryan Pooley, raised concerns regarding the proposed removal and re-instatement of the Albert Street façade, and regarding the loss of the St Patrick’s Square façade. These matters were addressed and another variation (R/VCC/2006/7101/3) was granted on 19 April 2017 with conditions changed to ensure the protection of the heritage building. The 51-53 Albert Street frontage – the former Dexter & Crozier building – now has a B-listing under the unitary Plan.

In May 2017, consent was granted to extend the lapse of the original consent to 18 February 2022.

I was briefed by resource consent staff on 6 December 2018 about a new application to exceed gross floor area and use the part of St Patrick’s Square that is still legally a road as an entrance for construction vehicles. I met with Cathedral stakeholders on 8 December.

There are still issues to be dealt with regarding truck and car access to the site as it is no longer possible to have this on Albert Street due to the City Rail Link works and, once they are finished, the side of Albert Street on which the building fronts will be a busway. The part of the Cathedral plaza between the St Patrick’s Square frontage and Wyndham Street is still legally a road so the applicants have rights to bring in vehicles for construction and service vehicles, including taxis and coach buses, once construction is complete. Much of the detail in this particular application will be around these matters. AT have already signalled that an arrangement can be reached with passenger vehicles to stop on Wynyard Street. The applicant is also prepared to work out a traffic management plan with AT and Council to restrict the use of the loading zone to off-peak times and not at lunchtimes.

My own view is that the evolution of the building from an apartment building with extensive basement excavation for parking to a hotel with no basement parking has not adequately adapted to fit its new function as a hotel. Despite the difficulty added by the Albert Street frontage being heritage-protected, the servicing of the building by vehicles should be incorporated into the front of the building with a porte-cochère arrangement like all the other hotels along Albert Street. The potential for this is clear from the pictures below. However, AT do have the statutory authority to prohibit access from Albert Street as it will cross a busway.

The Local Board’s comment on this application was as follows:

The Waitemata Local Board (supported by the views of the Catholic Bishop of Auckland and Saint Patrick’s Cathedral management, the Central City Residents Group, St Patrick’s Neighbours Group and the owner of 55 Albert Street which leases to two businesses fronting onto the square) submits that the current application should be PUBLICLY NOTIFIED for the following reasons:

The local board has serious concerns about all the traffic for this development being channeled into Saint Patrick’s Square. As the building has evolved over the course of several consents from being an apartment building with proposed basement level parking to a hotel with no basement excavation, it has not adequately changed to deal with the traffic that its activities will generate. It will be the only hotel on Albert Street that does not channel its traffic through a port-cochere arrangement within the footprint of the site.

We are deeply uncomfortable with a significant part of a public space that cost millions of dollars in ratepayer funds to create becoming a loading zone for a private business.

We understand that CRL and Auckland Transport (AT) have been intransigent on allowing access to the building, once finished, from Albert Street and Wyndham Street but it leads to an unsatisfactory outcome that the eastern end exterior of the Cathedral and the part of the square that will be used for ingress/egress will be subject to constant traffic flows.

Whatever is decided in the notification and substantive decisions, it is important the traffic is effectively stopped from flowing and parking around the outside of the Cathedral – with physical barriers if necessary – as this will be inevitable once high volumes of traffic are allowed in.

A further issue which needs to be clarified with AT is the connection between both parts of the Federal Street Cycleway which will run through the area that is under consideration.

This is a complex and multi-factorial matter which requires the depth of consideration that is only possible in the course of a notified consent and hearing process.

Establishment of the permanent and temporary infrastructure required to hold two Americas Cup events in Auckland – Wharf/ 11-99 Brigham Street, Auckland Central

LUC60313878: Land use consent

WAT60313910: Regional water permit number for taking, use, damming and diversion of water and drilling (s14)

CST60313917: Coastal permit number for dredging (s12)

CST60313918: Disposal/deposit/replenishment (s12)

CST60313919: Coastal permit number for structures (s12)

CST60313921: Coastal permit number for coastal activity/event (s12)

DIS60313879: Discharge permit number associated with Industrial Trade Activities (s15)

DIS60313912: Stormwater discharge and diversion permit (s15)

DIS60313915: Air quality discharge permit (s15)

DIS60313916: Discharge permit for contaminated land (s15)

Establishment of a new facility for the Fishing Industry and Sealink Ferry including the location of structures and undertaking of activities within the coastal marine area and on land

LUC60313924: LUC number required associated with land disturbance activities, signage, transport, stormwater quality and development within an area subject to natural hazards within the Wynyard Precinct

WAT60313927: Regional water permit number for taking, use, damming and diversion of water and drilling (s14)

CST60313928: Coastal permit number for structures (s12)

CST60313929: Coastal permit number for coastal activity/event (s12)

CST60313930: Coastal permit number for dredging (s12)

CST60313931: Coastal permit number for disposal/deposit/replenishment (s12)

DIS60313925: Regional discharge permit for contaminated land (s15)

DIS60313926: Regional stormwater diversion and discharge number (s15)

75 Sarsfield Street, Herne Bay: Use of Helipad

In December 2017, Rod and Patricia Duke appealed a consent (BUN60302136) for a helipad on their boatshed at their property at 75 Sarsfield Street, Herne Bay. The application sought consent for 6 helicopter flights to and from the converted boatshed (12 movements of one take-off and landing per flight), they were granted 3 flights (6 movements). Ldn

​The construction of a helicopter take-off and landing site in the general marine area is a non-complying activity under the Unitary Plan. The take-off and landing of a helicopter from the site was assessed as a Restricted Discretionary activity under the Unitary Plan as Council assumed it exceeded the permitted activity standard by exceeding a noise level of 50 dBA Ldn.

​T​he original application was lodged in August 2016, I noted it, and my response, in my August 2016 report to the Local Board as follows:

75 Sarsfield Street, Herne Bay: Reconstruction of existing boatshed and the establishment and use of a helicopter landing pad on the replacement building

R/LUC/2016/3508. The application involves the reconstruction of the existing boatshed and the establishment and use of a helicopter landing pad on the replacement building. The applicant has applied for the noise component of this consent as a permitted activity. The Local Board asked that this application should be limited notified to surrounding properties on the basis of noise caused by the helicopter operation. We have also asked for public access along the waterfront to be maximised so that the passage of members of the public along the shoreline is not unreasonably obstructed by the construction.

The ​applicant’s noise expert, Mr Nevil Hegley, provided an assessment of noise effects, dated July 2016, which states (on page 6-7): “Based on the above and assuming no written approvals have been obtained from the neighbours, a total of three flights (three approaches and three departures) a week with a maximum of one arrival and one departure on any one day will comply with a level of 50dBA Ldn at the most noise sensitive location, which is the neighbour’s foreshore boundary adjacent to the boat shed.  By complying with the 50dBA Ldn at this site the 50 dBA Ldn limit will be complied with at all sites not owned by the applicant”.

Council’s noise expert, Jon Styles, reviewed Mr Hegley’s report, which was based on three flights (three approaches and three departures) a week with a maximum of one arrival and one departure on any one day and further information was sought from Mr Hegley, which he provided in letter form on 14 September 2016.

​After ten months had elapsed, the recommendation report for notification – further to the Local Board’s request for limited notification to surrounding properties – (dated 1 June 2017) recommended that the application be processed on a limited notified basis to 73 and 79 Sarsfield Street. This recommendation report was then shared with the applicant. Council received written approvals from the owners of 73 (also owned by ​the Dukes) and 79 Sarsfield Street on 19 June 2017.

The recommendation report for notification was updated as a result of the written approvals being received from the owners of 73 and 79 Sarsfield Street, and the report (dated 18 August 2017) recommended that the application be processed non-notified. The notification decision was made by a duty commissioner on the 18th of August 2017. The 18 August 2017 recommendation report for notification states “The Council’s assessment has been based on a maximum of 3 flights (3 arrivals and 3 departures, 6 movements) in any 7-day period with a maximum of one flight in any one day. The applicant has accepted the application proceed on that basis.”

The application in this case was processed non-notified, with the assessment for notification being based on a maximum of 3 flights (3 arrivals and 3 departures) in any 7-day period.  A greater number of flights per week would have required an amended noise assessment and the officer managing this application noted that this ​may have required the application to be notified. Section 104(3)(b) of the RMA provides that​ Council (and the Environment Court on appeal) must not grant a resource consent if the application should have been notified and it was not.

The Dukes appealed Council’s decision to the Environment Court.  The Council has agreed to Mr Duke commencing with his current consent (under section 116 of the RMA), while the proceedings are before the Environment Court.  The Dukes withdrew their appeal on the 17th of December.

Screen Shot 2017-12-21 at 11.44.36

Private helipads consented in the Herne Bay area. Those already consented are in blue, 75 Sarsfield is in red.

​For some context, t​hree other properties in Herne Bay have been granted consents for helipads, 2 of them for a greater number of movements. 10 movements (5 flights) per week from 64 Sentinel Road, granted in 2011. 12 movements (6 flights) per week from 12 Cremorne Street, granted in 2015. 4 movements (2 flights) per week from 15 Cremorne Street, granted in 2015. None of these consents were notified as they had all gathered consent of the ​surrounding properties: 64 Sentinel Road, written approvals from 9 surrounding properties provided by the applicant; 12 Cremorne Street, 3 written approvals from 3 sites provided; 15 Cremorne Street, 8 written approvals provided by the applicant from 8 sites.


About Vernon Tava

Barrister. Lives in Auckland, New Zealand.
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