The Environment Court has rejected a late change to the proposal for a marina at Waiheke Island, saying it’s taken the application out of its jurisdiction.
Waiheke Marinas Ltd (Graham Guthrie, Church Bay) had its application to construct a 160-berth marina immediately north of Matiatia Wharf, within the northern corner of Matiatia Bay, referred directly to the court, bypassing the council consent hearing process.
However, towards the end of the hearing last year the company turned from its proposal to reclaim an area for parking and looked at providing parking on an adjoining site.
Principal Environment Judge Laurie Newhook said in yesterday’s decision that, during conferencing after Waiheke Marinas asked to withdraw its application for foreshore parking, the court also suggested the company might “want to think carefully about the shape & size of the marina as well”.
On 3 November, Waiheke Marinas advised the court it wished to proceed with an amended application, which it lodged on 15 December. The marina would be reduced and the parking removed.
On 30 January, the leading opponent, Direction Matiatia Inc, asked the court to rule that the amended application was out of scope and therefore beyond the jurisdiction of the court to consider further, because it differed substantially from the notified application.
In particular, the traffic-related aspects or impacts of the amended proposal differed in scale, intensity & character.
The court has given Waiheke Marinas 7 days to advise how it wishes to proceed.
The works include the construction of 5 floating piers within the marina, a 150m-long wave attenuator west of the marina, establishment of a floating marina administration office, dredging of the seabed to create a marina basin and a 3020m² reclamation to provide the parking area.