Regional Council adds weight to demand for seawall removal

The Lawrence family of Haumoana on Hawke's Bay's Cape Coast has now received a second demand to remove the protective seawall around their coastal property before the end of August, this time from the Hawke’s Bay Regional Council

Homeowner Mark Lawrence feels he’s backed into an impossible situation. “It’s a Mexican stand-off. That wall is safe and secure and weighs over 500 tonne. It’s not going to come out easily and if the councils insist on it being removed will they have to apply for a resource consent to do that?,” he asks.

Last week Lawrence and his partner Tracey received a ‘notice to fix’ under the Building Act and an Abatement notice under the Resource Management Act from the Hastings District Council, giving them 30 days to remove the wall.

When he began building his sea wall in November last year he believed he was within his rights to do so, as he was basing his efforts on a previous wall that had been severely damaged by high seas.

He believed that unless he acted quickly the next high seas would destroy the home on the Clifton Rd waterfront where he, his partner, and their four children live.

Mr Lawrence is adamant that he has been trying to do the right thing ever since he was informed by the Hawke’s Bay Regional Council that he needed to have resource consent. Initially the HBRC suggested he apply for retrospective consent, and so he began filling in the necessary forms.

Before he could complete the forms however, he needed to apply to the Hastings District Council for a ‘certificate of acceptance’ under the Building Code; in other words to have the council look at his structure and decide whether it was compliant.

Hastings commissioned an engineer’s report but has so far not allowed him or his planner Cameron Drury to see it in order to know what, if anything, is required for compliance. Without the ‘certificate of acceptance’ he can’t take the next step of applying for resource consent.

He says the fact Hastings won’t show him what’s in their engineers report or extend him time to complete the rest of his resource consent application, has resulted in HBRC loosing patience.

Mr Lawrence and his planner have sought an extension of time so the remaining details of the resource consent can be filled in with the help of an engineer.

“If my wall is compliant, why can’t both councils work together to ensure it gets approval. If there is a specific problem why won’t Hastings tell me what it is so I can get it fixed?” asks Lawrence.

Now HBRC, having failed to receive a resource consent application from Mr Lawrence, has also served him with an abatement notice, requesting he remove the wall.

He insists the visit by compliance and building inspectors from Hastings District last week was the first official notification he had had, asking for the removal of the wall, although he’s been actively seeking to comply with everything required of him.

Mr Lawrence says people all along the coast have been putting up walls and other structures to protect the coast and their properties for years and he wonders why he’s the one who is being made an example of.

”What’s needed is a co-ordinated approach to the erosion problems here with both councils working together to make sure it’s done properly.”

He fully supports the proposal of the Walking on Water (WOW) group, which is asking the councils to back a plan for a sea-wall walkway around the 21 most at risk houses along the Cape Coast, including his own, along with five groynes down to the mouth of the Tukituki River to help rebuild the beaches and prevent further erosion.

“That would be good for everyone concerned. It’s a practical, commonsense approach and everyone along the whole coast will benefit,” says Mr Lawrence.

Meanwhile he says even if he does get a certificate of acceptance under the Building Code and is able to apply for retrospective resource consent there’s no guarantee it’ll be accepted. “I could end up spending $80,000 and still have to tear down my wall and put my family at risk of the next big ocean washing through our living room.”

The legal notices filed by both councils now say Mr Lawrence must pull down his wall and dispose of all the rubble even while he continues seeking approval to build.

“The cost of removing that wall is going to be more than it cost me to build it and would put my family and my home and neighbours at huge risk.”

Mr Lawrence remains defiant despite threats of fines of to $200,000 for non-compliance and says despite both councils now wanting to make an example of him, he’s even prepared to do jail time to stand up for his principles.

ENDS

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