Fears Snells subdivision court appeal could set precedent

The plans are being opposed by residents, who don’t want to see the tree-lined paddocks and rustic farm buildings replaced with another new housing development.

Snells Beach residents living near land where developers want to rip out rural paddocks and build a 24-lot subdivision are continuing their fight against the scheme.

Neighbours surrounding the potential site at 124 Mahurangi East Road have erected roadside signs, started a petition and set up a ‘Just Say No’ website, and they are urging others to support them, as they say it could set a dangerous precedent if allowed.

Remuera-based Silver Hill Ltd’s resource consent application was turned down in December by a panel of independent commissioners, who agreed with Auckland Council’s planner that effects on the environment and neighbours would be unacceptable. However, in Feburary an appeal against that decision was lodged in the Environment Court.

The original application was categorised as non-complying because it flew in the face of the land’s current residential – large lot zoning, which would allow just four new homes on the 1.6 hectare block instead of the 24 being applied for. Nearly 30 local residents made submissions opposing the proposal at the time.

Melody Nightingale lives in Lett Road, which runs along the back of the land. She says it is frustrating that the developers are persisting with their plans, despite council and commissioners agreeing that the subdivision was inappropriate for the tree-lined paddocks.

“This is not just about 124 Mahu East Road, though. These developers are trying to set a precedent here,” she says. “If this is allowed, what’s to stop them making similar applications for any other residential – large lot zones?

“If they can sidestep the zoning rules and the Auckland Unitary Plan, they stand to make a healthy profit at the expense of the local community, the environment and taxpayers, who foot the bill for this abuse of the Resource Management Act.”

There are blocks of residential large lot land in several places in Mahurangi, including Algies Bay, Point Wells, Snells Beach and most of Sandspit. The land is usually on the edge of a settlement and surrounded by land zoned as rural coastal or countryside living.

Nightingale says Auckland Council and the applicants need reminding of what the Auckland Unitary plan is there for “to protect us from reckless development like this”.

“Developers have no right to abuse the system, wasting thousands upon thousands of taxpayers’ dollars, trying their luck and bulldozing through the processes designed to protect our environment and communities,” she says. “Enough is enough.”

The group of neighbours will present a petition to council before a pre-court hearing mediation session scheduled for May 2, asking officers to stand strong in their refusal of the proposal.
Info: https://sites.google.com/view/124manurangieastroad/home