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The 9.2ha site is zoned Future Urban in the Unitary Plan, meaning it should be unable to be developed before 2027 to allow time for infrastructure and a structure plan to be developed.
But the developer has applied for a consent, bypassing planning and consultation, and a report by an Auckland Council planner has recommended it be approved.
OPC Creative Planning Solutions planner Burnette Macnicol says it will be one of the first Future Urban developments to be assessed since the Unitary Plan became operative in part on November 15 and could be a test case for the Auckland region.
Ms Macnicol, who is working on an appeal of the plan, says if the development is approved it could effectively remove restrictions on development in 952ha of Future Urban land in Warkworth.
Under the Unitary Plan, 286ha of Future Urban land is set to be approved for development to the north of Warkworth between 2022 and 2027, and 666ha to the south between 2027 and 2032.
But if Council doesn’t enforce these restrictions, it could see major developments approved before a community-led structure plan is produced.
“These rules need to be consistent, so if they approve this application, there is no reason why other similar developments won’t get approval,” Ms Macnicol says.
Other developers have already announced intentions to fast-track projects in Warkworth. Developer Jamie Peters said he plans to develop the 40ha of Future Urban land on Falls Road in the next few years.
“Developers will be watching this case very closely,” Ms Macnicol says.
A hearing before independent commissioners was scheduled at the Orewa Service Centre on Tuesday November 29.
Council initially decided to fully notify the application, allowing public submissions, but it later reassessed its decision and only neighbouring landowners and businesses were able to comment.
Two of Mahurangi’s largest businesses – MS Engineering and Core Builders Composites – are among those affected and say it could force growing industries out of town.
They have made a joint submission, prepared by OPC, opposing the consent. They argue that the development will restrict industrial growth.
The submission said Core Builders was planning to expand its operations and install an autoclave to take on higher value work. But that might be at risk if the development is approved.
“There are concerns that this will limit future expansion possibilities, and may force industrial activities to relocate, stay the same size, or close down if either option is uneconomic,” the submission said.
Warkworth would need vastly more industrial land as it was expected to grow to over 20,000 people by 2040.
“The ongoing economic viability and vitality of the town depends on new business activities establishing and creating more local jobs, and other population-supporting activities.”
The submission included a letter from Council economic development and events arm ATEED. General manager for business attraction and investment Steve Armitage said Core Builders Composites needed room to grow.
“Our view is that your company has significant growth potential, and to ensure that growth is possible, provision should be made for sufficient industrial land in Warkworth to enable the presence of high-tech businesses and provide local employment opportunities,” Mr Armitage said.
Having an intensive residential area beside industrial businesses would also cause conflict.
The Warkworth Area Business Association made a submission on the proposed Unitary Plan, calling for part of the site to be live-zoned as light industrial due to the shortage of business land in the area.
The developer had proposed planting a 10-metre buffer zone to separate the housing from the industrial area and an acoustic wall to reduce noise.
But the submission said there was still a risk that noise, light, odour and visual affects would cause a nuisance for residents beside the industrial area.
Adjacent landowners Thomas and Robyn Morrison made the only other submission opposing the development. They said it could set a precedent for haphazard development.
“The proposal is attempting to bypass the planning process without due consideration given to whether this is the most appropriate use for this particular piece of land,” the submission said. “If Kervus are permitted to bypass the correct process and go ahead with their proposal, it will set a precedent for any other landowner with a Future Urban block to also go ahead with development in bits and pieces all over the place.”
The Morrisons also raised concerns about run-off from the on-site wastewater systems.
The site would be more intensive than the majority of housing in Warkworth, with the majority of lots about 400-450m2 compared with the 600m2 minimum site size elsewhere in town.
The Rodney Local Board recommended the development be fully notified when making comments on the consent application in June last year.
Impact ‘less than minor’
A report on the application by Council planner Charlotte Belsham noted there could be issues placing residential area beside the industrial zone, but said mitigation proposed by the developer went beyond what was required.
Any reverse sensitivity would be “no more than minor”.
“The features of the proposal support it proceeding in advance of the residential zoning for the site, given that it can be adequately serviced by infrastructure, it will connect it with development to the north and it is within growth projections for Warkworth.”
There would also be a “no complaints covenant”, preventing residents from complaining about industrial activities.
The application was notified on October 30 last year.
Council recommended limited notification after the developer agreed to landscape and plant a buffer zone between the industrial land, and opted to phase the development to be in line with the expansion of a wastewater system.
The development would be completed in two stages, with the first 50 houses serviced by on-site wastewater systems and the remaining houses built once the reticulated system was expanded to the area.
Kervus was previously called MHL, or Mason Heights Limited. The company is owned by Claymore Trustees Ltd, which is linked with Auckland law firm Claymore Partners.
According to the NZ Companies Register, Kervus Warkworth is directed by Gregor Barclay, who was director of NZ Cricket and was chair of Pacific Forest Products, and Gregory Molloy, who is also involved with Pacific Forest Products.
