Published 16 March 2009
Drive Holdings Ltd (Darryl Henry & Haydn Staples) has been forced to a hearing for its application to demolish the buildings on almost half a block at the corner of Tamaki Drive & Patterson Avenue in Mission Bay.
The company owns 1643m² of business 8-zoned land in 8 titles back to Parau St, including the Berkeley Cinema, which it wants to redevelop.
But first it needs permission to demolish, as a permitted activity. But council planner Colin Hopkins has recommended the application be declined because of his interpretation of the business 8 zone rules & the Mission Bay East concept plan.
The application will go to a hearing next Monday, 23 March.
Mr Hopkins said in his report for the hearing commissioners: “There are essentially 2 different ways to interpret this issue. These alternatives are:
A. The concept plan takes precedence over the general rules. This is supported by the principle that the more specific provisions will override the general
B. The business 8 zone rules apply to the business activities, and as the proposed demolition is not directly associated with a business activity it should be considered as a general activity. Therefore under Part 4A.2 A (i) demolition would be permitted.”
However, Mr Hopkins, said, “as identified by the applicant’s legal representative, this section of the plan is open to interpretation. Council is obligated to be certain that an activity is permitted in order to issue a certificate of compliance. If there is a legitimate concern that the activity is not permitted, then issuing a certificate of compliance is inappropriate.”
While demolition might be considered a perfectly natural course to enable redevelopment, Mr Hopkins said that might not be the case at Mission Bay: “It is considered possible that, when drafting the plan change for the concept plan, it may have been assumed that demolition would occur in conjunction with the redevelopment of the site. Nevertheless, it is also possible that the primary consideration was given to the facilitation of additional activities within the sites, and it was anticipated that any development would occur generally within the existing building fabric.”
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Attribution: Council hearing report, story written by Bob Dey for the Bob Dey Property Report.