Mahurangi East Road refusal going to Environment Court

A developer is not giving up on hopes to build 25 homes on rural paddocks on the approach into Snells Beach.

Remuera-based Silver Hill Ltd has lodged an appeal with the Environment Court against the decision in December by independent commissioners to refuse resource consent for the development at 124 Mahurangi East Road.

The panel found that environmental effects generally and on neighbouring houses would be more than minor and turned the plans down.

The proposal was non-compliant with the land’s zoning as Residential – Large Lot in the Auckland Unitary Plan (AUP), and a hearing was held at Warkworth Town Hall in November.

Silver Hill wanted to develop a 25-lot subdivision, as well as vesting, widening and sealing Lett Road, together with associated site clearance, tree removal, earthworks, servicing and access.

There were 28 submissions made to the hearing panel opposing the plans and only one in support. Auckland Council’s planner, Claire Phillips, also recommended that the plan be turned down at the time, telling commissioners that amendments to the proposal made by the applicants and hearing evidence had not changed her view. Hearings chair Dr Lee Beattie said as a non-complying activity, he and fellow commissioners Gavin Lister and Vaughan Smith could only have granted resource consent if they were satisfied that adverse effects on the environment would be minor, or if the activity wouldn’t be contrary to the objectives and policies of the AUP. However, he said the effects on neighbours and the landscape character would be such that, even with new mitigation measures put forward by the applicant, consent should not be granted.

“We find that that the proposed number of lots and potential proximity of buildings cannot be mitigated by the landscape measures and conditions proposed, the plan fails to provide a sufficient setback and would not be in character with the spacious landscape character,” he said in his decision report.