Media release: Devonport Heritage takes legal action over Fast Track referral
Spokesperson McRae
Devonport Heritage is taking legal action against the Government’s decision to refer a multi-storey housing development for Devonport village to Fast Track.
The proposal by Peninsula Capital is for five buildings up to eight storeys high for 90 apartments and a hotel. The society has applied for a Judicial Review of the decision by Chris Bishop, the Minister for Infrastructure, to refer the proposal to Fast Track last month.
The society believes there are deep flaws with the Fast Track process where projects are being referred for fast-track processing which appears to have become a rubber stamp exercise for a multitude of housing developments around the country. “Once these applications are on Fast Track it seems difficult to decline them and this has led to some irrational outcomes,” said society chairperson Margot McRae. She said there seems to be no rhyme or reason why some applications are referred and some aren’t and that it is necessary for the High Court to review the decision-making process being adopted by the Minister.
“The Society’s decision to issue proceedings follows a groundswell of anger in Devonport about the proposed building heights and the fact that Peninsula Capital have side-stepped local consultation by going through Fast Track.
“So we are taking this on behalf of not only Devonport but for all the communities around New Zealand who are outraged about how these out of sequence housing developments are being pushed through. It’s all speed and no care. By taking legal action perhaps it will lead to better decision making,” she says.
The Devonport town centre has a Character Business Overlay which limits heights to 9 metres and in some places 13 metres. The proposal would have building heights of 27 metres.
The Unitary Plan and Plan Change 120 does not provide for intensification in central Devonport which means the multi-storey Peninsula Capital proposal is out of sequence.
“Auckland Council has spent millions on the Unitary Plan and Plan Change 120 yet the Fast Track process can simply ignore all that careful planning. The government is criticising councils for over-spending yet council funds are being wasted on writing plans which are being side-stepped,” she says.
Auckland Council shares many of the society’s concerns about the impacts of the proposal on Devonport. In its report to Fast Track, the council said there were potential adverse effects from the scale of the buildings and there could be serious impacts on the wider roading network. Watercare reported there was an issue with waste water capacity in Devonport. The Tupuna Maunga Authority said it did not support the infringements of the Height Sensitive Overlay for Takarunga. The Local Board shares these concerns.
Devonport Heritage is part of a nation-wide group of communities from Queenstown and Ohoka in the South Island to Waimaukau in Auckland, that are fighting against numerous Fast Track applications from property developers.
“This is a very important public interest issue, and it is an incredible shame that it falls on community groups to take the initiative to ensure lawful decision making occurs. We are simply asking the Minister to follow the processes in the Fast-track Approvals Act for making such decisions,” said Ms McRae.
Devonport Heritage has launched a Givealittle campaign to raise funds for the legal action.
“There has been an outpouring of support for us and we have received many donations and people joining up. Locals are creating art-work, T-shirts and putting up signs all over Devonport. We haven’t taken this step lightly and we have a big task ahead. But we felt we had to do this to protect this unique and beautiful place,” she said.
Contact: Chairperson Margot McRae
Ph. 027 5017477 · mmcrae@xtra.co.nz