My Account
An intensive subdivision on Woodcocks Road has been granted only partial resource consent, sending a clear message to developers that the rules in the Auckland Unitary Plan (AUP) must be upheld.
In a decision released last week, Hearing Commissioners rejected a recommendation from Auckland Council planners that consent for a 128-lot subdivision should be granted. Although the planners said the reverse sensitivity issues would be “no more than minor”, the commissioners did not agree.
Instead, Kervus Warkworth will be allowed to develop only Phase 1 (Stages 1-4) of the Mason Heights development, which consists of 50-lots on a 9.2 hectare site, zoned Future Urban. The lots will be serviced by a private wastewater system until they can connect to a public system. The second phase of the development for the remaining 78-lots was declined.
Kervus director Greg Barclay says he is “pretty happy” with the outcome.
“To tell you the truth, it’s about what we expected,” he said. “I haven’t had a chance to read the decision in detail, but we plan to have sections available to market before the end of the year. We may need to reconfigure the plan depending on what the conditions look like.”
While parties have 15 working days to appeal, Mr Barclay said an appeal had not been considered because the decision had only just been handed down.
Warkworth planner Burnette Macnicol, who gave evidence opposing the application, described the decision as clear and well-written.
“It shows that the application should have been fully notified,” Ms Macnicol said.
The subdivision consent was non-complying and, on the advice of Council, received only limited notification.
In giving reasons for declining Phase 2, the commissioners did not accept that the adverse effects on the environment would be minor (the Resource Management Act’s gateway tests of s104D).
They said that in particular, the juxtaposition of residential development with the Light Industry Zone interface was premature, contrary to the relevant Future Urban Zone provisions, and likely to result in conflicting uses that might be better resolved through a more fine-grained planning approach.
The commissioners also did not accept the applicant’s view that the wider context of Warkworth had effectively been considered in the application.
Importantly, it would be an expectation of Structure Plan and Plan Change processes to consider a range of alternatives in terms of zoning and development controls. The absence of such consideration of alternatives was the weakness of the consent approach, the decision stated.
Neighbouring businesses MS Engineering and Core Composites were concerned about having residential development neighbouring their industrial activity. They were fearful that the use, and anticipated future use, of their sites would be curtailed by having to meet higher standards in relation to issues such as noise, dust and odour.
MS Engineering managing director Hugh Harvey said he was still concerned runoff from the onsite wastewater treatment plant would contaminate the Mahurangi, upstream from the town water intake.
“But I am pleased that the commissioners appear to value and respect the reverse sensitivity concern that the nearby business operators raised,” he said. “As the population in Warkworth explodes, more employment opportunities need to be created. Therefore, business interests need to be a priority for Council to ensure community standards are maintained. It really illustrates the importance of Structure Plans.”
The need for more industrial land in Warkworth was a recurring theme during the hearing and that rather than use this land for housing, part of the land could be used for industrial activities.
Tom Morrison, who had farmed the land for 45 years and had extensive knowledge of the soil types and conditions, and groundwater levels, doubted the ability of the land to carry and process the water volumes indicated in the application all year round.
Engineer Ian Hutchinson gave evidence critical of the geotechnical analysis and stormwater pond calculations.
The consent for Phase 1 was granted with conditions.
Kervus background
Kervus was previously called MHL, or Mason Heights Limited. The company is owned by Claymore Trustees, which is linked with Auckland law firm Claymore Partners. The directors are Gregory Barclay, who was director of NZ Cricket and chair of Pacific Forest Products; Gregory Molloy, who is also involved with Pacific Forest Products; and Michael Donovan.
