Delegated decisions, 26 October
Tahekeroa, Tahekeroa Rd, application by GA Tyler-Davies Holdings Ltd for 15 rural lots, approved 16 October.
Silverdale, 51 Hibiscus Coast Highway (State Highway 1), application by GK Smith to create five more residential lots, approved 16 October.
Delegated decisions, 19 October
Matakana, 988 Matakana Rd, application by EW Bell to subdivide three lots, approved 9 October.
Warkworth, 67 Auckland Road (State Highway 1), application by Grange garden centre to build/operate garden centre & cafÃ©, approved 3 October.
Hearing, 5 & 8 October
Pt Wells, 293 Pt Wells Rd, the committee granted M Somerville consent to develop a 14-unit tourist lodge, cafÃ©, craft & produce shop.
Tomarata, Cemetery Rd, the committee granted the application of Mangawhai Park Truffiere Ltd (Timothy Archibald) for a farm park subdivision incorporating 25 rural-residential lots, seven truffiere lots, two bush/pastoral lots, an equestrian lot, a visitor accommodation lot and various access lots on a 191.6ha property.
Hearing, 21 September
Dairy Flat, 844 State highway 17, the committee granted the application by Location Estates Ltd (Roy Richardson & Mark Weipers) to subdivide 95.6ha into 63 cluster housing sites in two stages, with a 71.85ha communal lot, but wasn’t satisfied it was practical to make it a gated community, particularly for access for emergency services & commercial vehicles. It determined the private road should be available for public use at all times.
Pakiri sand dredging
Rodney District Council’s environment committee voted on 17 October to lend council support to Pakiri resident Greg McDonald’s appeal against suction sand dredging off Pakiri Beach, after noting that “the council is opposed in general & in principle to suction sand dredging.” Cllr Rob Thompson, chairman of the economic development committee, voted against this note. The committee went on to agree that deputy mayor Christine Rose should write to Conservation Minister Sandra Lee on the committee’s behalf, telling her of the committee’s concerns.
Malcolm decision omits fee rationale
Dairy Flat, Jeffs Rd, independent planning commissioner Ken Graham has ruled in favour of Dairy Flat real estate agent Russell Malcolm in his application to subdivide 3.2ha to create a separate 2000mÂ² lot round a minor dwelling, and has come up with a reduced fee scale.
Mr Malcolm said at the hearing on 28 September Mr Malcolm 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.
Previous story (in Rodney consent activity report for September): Malcolm disputes levy basis at subdivision hearing
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.
Mr Graham ruled that neither of the new lots could have a minor dwelling built on them. On fees, he ruled Mr Malcolm must pay $2425, including gst, “towards the cost of upgrading the local roading networkâ€¦ This payment has been reduced to 40% of the value usually required for road upgrading for a subdivision based on the existing minor household unit.”
Mr Graham cut the reserves levy to 3%, saying “this amount is 40% of the value usually required due to the recognition of the existing level of use of reserves already generated by the existing minor household unit.”
Mr Malcolm has strenuously opposed payment of levies to the district council on a supposedly voluntary basis, alleging the basis is not remotely voluntary.
The latest levy is based on increased use, although no change has been made to the occupation of either dwelling. The rationale for the charge in those circumstances is not explained in the brief decision.
Community committee, 4 October 2001
The committee altered the Orewa reserve management plan to allow the Orewa Surf Lifesaving Club to open its existing licensed restaurant to the public, with a review in 12 months. The restaurant operation is contracted out, but if a commercial enterprise leases the restaurant the club will have to pay commercial rent & rates for the leased area, versus no payment now.
The long-running dispute continues between property investor Randolf Baxter & his wife Julie, and Omaha/Matakana restaurant & property owner Daniel Baturic over Mr Baturic’s desire to set up a shop next to the Omaha Surf Lifesaving Club, on the William Fraser reserve at Omaha. The committee deferred its decision for a month to get more information from the forward planning department and to make a site visit.
Hearings committee 21 September 2001
Dairy Flat, 1602 State Highway 17, the committee declined an application by R O’Flaherty for separate title for 2ha around an existing minor dwelling on a 3.56ha property. The committee said the subdivision design didn’t provide for future effective use of the land or its wet character, in terms of productive activities or future subdivisions.
The committee also found there would be cumulative effects on productive potential and the character of the rural zone because the proposal wasn’t different enough from any other proposal to subdivide a minor dwelling.
Dairy Flat, 294 Blackbridge Rd, the applicant, Aquita Developments Ltd, has appealed the district council’s decision to charge a $1/mÂ³ (solid) royalty on material taken to the 13.8ha site, to be used on maintaining & improving Blackbridge Rd. Aquita wants to deposit 250,000mÂ³ of clean fill over five years.
In its notice of appeal, Aquita said the council didn’t specify the improvements for which the levy was required, effectively sought to impose a tax without authority to do so and without taking into account the impact of road user charges on every vehicle visiting the site, and couldn’t justify the charge because it bore no relation to any perceived impact.
Finally, Aquita’s lawyer Alex Witten-Hannah said, if the road wasn’t adequate to carry the traffic, the council should have anticipated the landfilling activity (which was contemplated in the district plan) when it approved recent upgrading.
District plan submissions
Rodney District Council’s district plan committee will consider a proposal on Thursday to accept all 66 late submissions, on top of the 1175 received in time. Fifty of the late ones arrived in the next two business days after the 30 June cutoff. The council will also rely on more than the public notice process to tell people about possible changes that might affect them, writing directly to some affected people and informing people of their rights to respond to submissions.
Rodney District Council’s environment committee will get a report on the feasibility of instituting a compulsory scheme for periodically pumping out septic tanks.
Stanmore Bay motel
Stanmore Bay, 13 Vipond Rd, an application to build a 20-unit motel with manager’s accommodation has been made by Phillip John Gilmour. Submissions close with the Rodney District Council on Wednesday 7 November.
Hearing, 12 October
Helensville, Wishart Rd, application by Ross Auld to subdivide 51.4737ha into eight lots. Council planner Devon Brown said in his report the area south-east of Helensville had been rezoned from rural 1 to countryside living town under proposed plan change 55 and the proposed district plan, reflecting the changing land tenure pattern, demand for lifestyle blocks in the area.
The block north of this site is subject to the Helensville structure plan and is to be rezoned to future urban, where medium-intensity residential development is proposed alongside countryside living town sites on steeper areas.
Mr Brown said the structure plan envisaged 1000 residential units within the locality to accommodate the projected residential demand over the next 20 years, so this subdivision on the periphery was appropriate.
Two neighbours opposing the development said the five smallest lots were clustered round their property.
Rodney District Council’s hearings committee will consider proposals next Friday for subdivision changes enabling settlement of appeals against the previous refusal of consent, both at Matakana:
Matakana, Sharp Rd, an amended proposal by Chris Evens includes areas of wetland enhancement planting, which planning consultant Burnette O’Connor said would go some way to addressing subdivision effects.
The proposal to create two lots of 23.4ha & 11.9ha on a 35.35ha site was originally declined because it would erode the rural productive base.
This site and the adjoining MacDonald appeal site (below) are next to the Heron’s Flight vineyard & cafÃ©. Across the tidal creek to the north-east is the new subdivision down Oak River Drive on the Russek property, containing 13 rural/residential lots. Also on Sharp Rd is the Monarch Downs rural/residential subdivision, where the aim is to continue production. The eastern side at the southern end of Sharp Rd has been zoned low-intensity residential.
“This area is changing in character and there are a high proportion of rural/residential sites in this immediate locality.
“Given the recent Court of Appeal decisions on the Dye & Arrigato subdivisions it is recommended that this appeal be settled by way of consent order as the adverse effects on the environment resulting from the proposal would be difficult to quantify & argue in the Environment Court,” Ms O’Connor said in her report.
Matakana, Sharp Rd, the original proposal by Ian MacDonald was to create two lots of 4.3ha & 4.58ha, which the council rejected. The revised proposal is for lots of 6.3ha around the existing dwelling & 2.45ha, with an esplanade reserve between the second lot and the tidal creek.
Kaipara Flats, Tauhoa Rd, the council declined an application on 3 September from JV & SS Drinnan to create three additional rural/residential lots on their 81.3ha property, on grounds that it would reduce rural productive capacity and the covenanted area was insufficient. The Drinnans have appealed.