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Auckland Council wasted no time lodging an appeal after having its application for resource consent to build a seawall on the northern part of Orewa Beach declined.
Council received the decision from independent commissioners on December 4 (HM December 13) and had until January 16 to lodge an appeal with the Environment Court. It did so on December 22.
The proposed seawall was for the section between Kohu Street and Marine View. It involves building a wall approximately 600m long, with a footpath/cycleway and landscaping on the public reserve on top, access ramps and stairs.
Commissioners turned the proposal down flat, saying they were not convinced that a walkway/cycleway was necessary and that building a wall would generate adverse effects on coastal processes, public access and natural character.
Council’s appeal is made on the several points, including that it considers the commissioners’ decision inconsistent with Resource Management Act (RMA) provisions, such as public access to and along the coast and the management of significant risks from natural hazards; the maintenance and enhancement of amenity values, enhancement of the quality of the environment and the effects of climate change. Council also says the decision is not consistent with the principle of sustainable management in the RMA.
Mediation between Council and submitters opposed to the project will take place first, although it has not yet been scheduled.
If mediation is unsuccessful, the appeal will be heard in court – it can take several months to obtain a hearing date. Following the hearing, a decision can take a further couple of months.
Council vs Council
Council has two roles in the appeal process – as applicant for the consent and as the regulatory authority that determined the application. Both sides will have legal representation and their own technical experts who will assist with any mediation or hearing. Legal and technical experts may be council staff or external consultants.
Hibiscus Matters is keen to find out how much the consent process and appeal have cost ratepayers so far and Council advised we will need to pursue this information via the Official Information Act.
