January / February 2021

Summer is finally upon us after what has been a difficult year for so many of you, in ways we could not have imagined. I know that many of you will be disappointed to miss out on international trips, especially those with family living overseas. Despite the frustration, we can feel incredibly lucky to be in New Zealand and be able to enjoy our summer while remaining alert, cautious and aware that the pandemic continues elsewhere.

You may be aware of recent media regarding proposed retirement village developments in Kohimarama, St Heliers and Parnell. Ryman Healthcare have applied to build on Kohimarama Rd next door to Selwyn College; Oceania Healthcare have begun earthworks on a site in Waimarie St in St Heliers; and Summerset Group are planning to build on Cheshire St in Parnell.

Local residents have voiced concerns to me about these developments and the impact they could have on the area. Are the buildings a good ‘fit’ for the neighbourhood, and will they have an adverse effect on viewshafts of the ‘feel’ of the area are two common questions I receive.

At first glance, it appears that the heights of these structures would be in breach of the Auckland Unitary Plan, which determines what can be built, and where, in order for the region to meet its economic and housing needs. The plan sets out ‘permitted’ standards whereby

in each specific area, the effects of a particular aspect of a development, such as height, have already been considered to be acceptable.

However, it’s important to remember that these standards are not maximum limits that cannot be broken – this is a common misconception. Instead, they are used to determine whether a resource consent is required for that particular aspect of an activity. Unless a proposed activity is expressly prohibited by the Unitary Plan, the council is obliged to accept, assess, and determine all applications for resource consents.

Kohimarama is zoned Mixed Housing Urban, which allows buildings up to 11m in height to be built without the need to obtain a resource consent for a height infringement. This doesn’t mean buildings over 11m are not prohibited by the Unitary Plan, but that they require a resource consent for an infringement of the height standard. If applications such as Ryman’s come in for height limits above the Unitary Plan rule, council needs to undertake an assessment of the effects caused by the height of the buildings proposed.

Similarly, several of the buildings in the integrated residential development proposed for St Heliers exceed the zone’s height limit of 8m. After considering evidence, expert advice and submissions provided, specifically the character of the development, the hearing panel made up of independent commissioners (who are required to hold a specific qualification from central government and are independent of council) determined that the consent be granted.

It's also worth mentioning that there is significant demand for this type of retirement style housing in Ōrākei. The ward has a large population of people in the over-65 bracket, many of whom want the option of staying in the area and like the security housing of this nature provides.

In all these cases, the developers are within their rights to proceed with these projects. This doesn’t mean however, that your views are not important. It’s absolutely possible for residents, local representatives and developers to work together to ensure an outcome that works for everyone.

What you can do is reach out to your residents’ associations and local representatives to voice your concerns. Sometimes the best approach is a friendly meeting with developers to discuss the issues to find common ground and I am always happy to facilitate these discussions.

Local boards are charged with decision-making at a local level, and similarly have a role to play in communicating community views on these kinds of issues. Local boards have input into the decision on public notification of a resource consent application and can also comment on

the substantive matters of the application. This is not treated as a submission for the purposes of the Resource Management Act, but it is given weight by a hearings panel or commissioner according to the merit of the arguments made. So please keep in touch with them too.

Finally, as a result of all our efforts in saving 7 billion litres of water this year (the equivalent to 150,000 swimming pools), the mayor and councillors unanimously agreed to relax the water restrictions to allow the use of outdoor hoses provided they are handheld and have a trigger nozzle. I’ve advocated for this for some time and finally achieved the vote necessary. Timing couldn’t have been better allowing for us to tidy up our homes and maintain our gardens over summer.

As it’s the holiday season I wish you all a wonderful summer and hope that you are able to enjoy a break from your busy schedules to spend some quality time with your friends and family.