Mangawhai Matters lodges appeal to Mangawhai Central decision

Mangawhai Matters has lodged an appeal in the Environment Court against a decision by Kaipara District Council (KDC) to approve Private Plan Change 78 (the Mangawhai Central development).

The Plan Change was adopted by KDC on April 28 on the recommendation of a panel comprising two independent expert commissioners and the KDC deputy-mayor.

As the appeal proceeds through the Environment Court, we are reviewing evidence with our expert witnesses to formalise our strategies and understand what is required to convince the court of our concerns about the approved development.

Among the provisions of the Plan Change that are being appealed, are the following:

Residential capacity
An increase in the minimum section size to 600sqm in the Residential 3A zone and a cap of 850 permitted dwellings including those in integrated residential developments (town houses, multi-story buildings etc) retirement villages, and the Business 1 zone.

Potable water
Our appeal is based on under-estimation of demand for potable water. As a result, we are asking that all reticulated residential sites provide minimum on-site storage capacity of 25 cubic metres, all non-reticulated sites be required to provide a minimum of 50 cubic metres water storage on site, and that no subdivision below 600sqm be allowed prior to confirmation of Northland Regional Council consent for intakes, and storage capacity sufficient to reticulate 600 dwellings.

Traffic impacts
We are asking that residential development be capped at 850 dwellings until such time as an alternative connection is provided that supports the need identified by the Northern Transport Alliance for a western connection to Cove Road.

We are also asking that additional traffic analysis be completed to incorporate the additional traffic movements associated with household and population figures and that consideration be given to the impact of commuting on the surrounding rural network, particularly routes accessing SH1. The results of such analysis should be then used to inform the estimation of future road expenditure and the calculation of Financial and Development Contributions by the developer.

Stormwater management and harbour quality
We believe the commissioner ignored the uncertainty of expert evidence about the effects of subdivision at the site and did not address the complexity of stormwater outcomes. As a result, a precautionary approach should prevail with fit-for-purpose stormwater management provisions, including:

• That minimum lot sizes should not be less than 600sqm;

• That all lots include at least one 25 cubic metre storage tank to be used for stormwater flow attenuation and detention, which can also be used for water supply;

• That subdivision applications should demonstrate, to the satisfaction of a qualified engineer, hydrologic neutrality in the event of one in 100-year storm event.

Community amenities
Because many community facilities are near capacity, there should have been the provision for financial contributions by the developer to be made to the KDC’s Community Activities and Asset Accounts, based on depreciated asset values. These amounts will be in addition to contributions associated with future works required to accommodate the additional households.

As the appeal was only filed a week ago, we have no details as to timing of a hearing, or timing of what is likely to be a court-imposed mediation conference between the parties. This conference could be called relatively soon so the Environment Court can concentrate on the key issues between the parties.

Mangawhai Matters Society Inc will keep the community informed of progress.

n Want to join the Mangawhai Matters Society Inc. as a member and have a say? It’s only $20 per family per year. Please make deposits to 01-0204-0160241-00. Following your payment please email us at mangawhaimatters@gmail.com giving us your name, phone, and address so we can keep in touch.