Update on non-complying proposal for 123 new sections
Last year an Auckland/overseas developer lodged an appeal in the Environment Court to challenge the decision (made by Commissioners & District Council) to decline consent for 123 new sections on the remaining farmland at Tubbs Farm, Kapiro Road. VKK and other community groups are concerned that the non-complying subdivision proposal would eliminate one of the last large blocks of highly productive ‘class 2’ soil in the Far North and create other negative effects. (1) The RMA does not allow Councils to grant consent for non-
complying proposals that contravene District Plan policies, have significant environmental
effects, and fail key RMA tests (s104D).
In November the developer put forward a revised proposal for 121 sections that was also non-complying. The Council, developer and their lawyers participated in a mediation meeting before Christmas. Several experts represented VKK and other groups who oppose the proposal. The meeting did not reach agreement, and the parties are due to submit a report to the Environment Court in April.
What happens next?
At this stage, a developer may choose to put forward revised proposals. If the developer puts forward another revised proposal that contravenes the District Plan and RMA, concerned community groups aim to seek confirmation that Council planners will continue to uphold the rules, protect our environment, and decline consent. Local groups are watching the next events with keen interest.