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Auckland Council Under Scrutiny In High Court Order

In a recent High Court decision, Auckland Council is required to provide submissions for all Resource Consents within certain land blocks, to a local resident that has been fighting council decisions for the better part of the last two decades.

Residents of the up-market North Shore, Auckland suburb of Takapuna may not yet be aware of a High Court interim order that essentially gives one single property owner, Franco Belgiorni-Nettis the right to be informed of any and all resource consent applications that fall outside of the already approved Auckland Unitary Plan, under the Terrace House and Apartment Building Zone (THAB).

Documents recently obtained from the High Court of Auckland now indicate further height and building restrictions within previously approved zones under the Auckland Unitary Plan. These restrictions and the right to be notified of any and all Resource Consent applications, including change of use applications, affect all properties that are located within the following surveyed Blocks:

Promenade Block - Terrace House and Apartment Building Zone has a height restriction to 12 metres

Lake Road Block:

- The Mixed Use Zoned land West of Lake Road has a restriction to 16.5 metres but the land owner must be notified

- The Mixed Use Zoned land East of Lake Road has a restriction to 12 metres but the land owner must be notified giving them the opportunity to object

- The Mixed Housing Urban zoned land East of Lake Road has a restriction to 9 metres but the land owner must be notified giving them the opportunity to object

In all four circumstances Auckland Council are required to provide the said landowner Franco Belgiorni-Nettis with a copy of the resource consent application within 3 working days of its submission, thereby giving him the opportunity to object to the plans.

The majority of the properties in this image are now affected

These restrictions essentially mean that would-be mum and dad developers are no longer able to freely develop the land that they own without Auckland Council having to inform Franco Belgiorni- Nettis within 3 working days of receiving a resource consent application, for any development that falls outside of the already allowed for activity; for the majority of mum and dad developers this makes the difference between profitability or loss on a project.

It is remarkable that one single individual could successfully scrutinise an entire Unitary Plan paid for by thousands if not millions of rate payers, all under the guise of democracy; especially as this interim order now shows on every LIM for every property that is affected and this appeal now shows on the Auckland Council Unitary Plan maps viewer.

This is essentially a direct attack on would be mum and dad developers who have worked hard to put themselves in a position to be able to secure the financial future of their children and loved ones, as most infill development within Takapuna is done by locals that have worked their entire lives to pay the mortgage and rates bill hoping to one day obtain financial freedom.

It is worthy of noting that there is an appeals process available over a short period of time should any affected landowners wish to band together and put a stop to this highjacking of the Unitary Plan.

The author may be reached here for comment and for a copy of the High Court Order.

More About The Author

Tom Faye founded House Flipping NZ, a property investment and education business based in Takapuna, Auckland. The business provides solutions to the marketplace such as educating investors on how to find their own properties and then buy, renovate, revalue or develop properties they may already have within their portfolio; giving buyers and sellers the benefit of quick sales cycles without the hassle of expensive and sometimes excessive marketing campaigns.

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