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The Environment Court battle over a proposed major development in Black Swamp Road is heading towards mediation, with community and conservation groups formally joining proceedings to oppose the developers’ appeal.
Developers Foundry Group and Pro Land Matters Company appealed Kaipara District Council’s decision to decline Private Plan Change 85 (PPC85), which sought to rezone 94 hectares of rural land bordering Black Swamp Road, Raymond Bull Road and Windsor Way for a mix of residential, lifestyle and commercial for the Mangawhai East development.
Black Swamp Limited has also lodged a separate appeal challenging both the proposed zoning for its Black Swamp Road property and the council’s decision to decline PPC85 in its entirety.
Council declined PPC85 earlier this year after an independent hearing panel found insufficient certainty around wastewater servicing for the development.
The developers subsequently appealed, the decision arguing assessments undertaken on their behalf had identified suitable wastewater solutions and saying they remained willing to enter into a developer agreement with council to fund the required infrastructure.
Several groups and residents that opposed PPC85 during the original process have now formally joined the Environment Court proceedings.
Mangawhai Matters, Tern Point Recreation and Conservation Society, NZ Fairy Tern Charitable Trust, along with local residents have filed notices opposing the developers’ appeal and supporting council’s decision to decline the plan change.
The Department of Conservation has also joined the proceedings, raising concerns about protecting significant natural areas and vulnerable birdlife, among other environmental issues.
Riverside Holiday Park 2007 Limited has indicated it would not oppose the appeal if its concerns, including zoning, a proposed public walkway and transport upgrades, are addressed.
At its August 26 meeting, council was told both appellants had indicated they are willing to take part in court-assisted mediation.
The Environment Court gave parties until August 21 to indicate whether mediation was acceptable. Council said it is now waiting for further instructions from the Court.
November 13 has been suggested as a possible mediation date, although this has yet to be confirmed.
If mediation does go ahead, discussions between the parties will be confidential. Any agreements confirmed by the Environment Court will then become public. If agreement cannot be reached, the appeals will proceed towards a full Court hearing.
Council has delegated authority to Mayor Jonathan Larsen and councillors Luke Canton and Rachel Williams to make decisions on resolving the appeals.
Council’s position during any mediation is expected to be led by the general manager planning and development, or another appropriate senior staff member, supported by legal counsel and a planning and technical team.
Chief executive Jazz Singh, or his delegate, has been formally authorised to represent Council during court-assisted mediation.
Larsen described the move as “a procedural RMA process”.
“We follow through the process and see where it all lands,” he said.
If the developers’ appeal is successful, new planning provisions for the Mangawhai East development area would be added to the Kaipara District Plan.
However, it would not give the developers an immediate green light to start building, as further land-use and subdivision consents would be required before development could take place.
Council has also warned that defending its decision is an unbudgeted expense, with legal, planning and specialist costs expected as the appeals process progresses.
