Tag Archives: City Planning

123 Vogel St, an action about council process?

123 Vogel St before external building changes [Google Street View]

At Facebook:

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Where to start. Here we have an award winning redevelopment of a substantial old warehouse for new commercial use. Reading the Otago Daily Times today we learn a local businessman questions council process on consenting grounds – apparently, there was an ‘administrative error’ with a set(s) of drawings, and a condition of the resource consent issued for 123 Vogel St was neither correctly tracked or enforced.

Rightly, the businessman doesn’t wish to litigate the matter through the newspaper.

The building owner to his credit has made a large and worthy investment in the building structure and its upgrade for commercial occupancy, revitalising a large segment of the block running between Vogel and Cumberland streets.

Why then would an ungenerous attack by one party not closely involved in the proposed warehouse precinct, be lobbed at this one building owner in such negative and disastrous fashion.

What is at stake. More importantly, what does bringing the action do to enhance the historic built environment, commercial property development, and council processes – if ad hocism (planning rules enforced here, and not there?) is argued as ‘state of play’. Is there any good in an Environment Court challenge – is it ‘vexatious’.

Impartiality, transparency, technical proficiency and fairmindedness is the hoped-for collective quality to be seen in any council operation, particularly in regards to planning matters. How far can ‘the managers’ of the District Plan, a community owned living document, seek room to breathe —or indeed, treat every resource consent application on its individual merits ….for positive precinct and in-zone outcomes, for the avoidance of new (adverse) precedents or laxity of interpretation where the rules go swimming. Where does the line bite.

In practical terms we read that what was built (window-wise at second floor level) does not accord with what was granted by resource consent.

We see minorly dropped sills (pretty? hmm) and a small extra pane of glass added for greater daylighting and liveability, done in such a way that the original scale and depth of the windows remains readable. The intervention isn’t screaming. It is very quiet, and reasonable? Why then did someone fudge the option to be consented. Who did not enforce the agreed design solution? Were affected parties given all proper information as the application processed to decision? Does the error set a precedent for destruction of protected facades and heritage townscape? This most certainly can be argued and tested generally and legally – but probably not with 123 Vogel St hauled to centre stage, pointing up administrative error or wilful and confused intention at DCC if that could be shown…. The second generation district plan public consultation process is perhaps the best place to locate the discussion. Not here, unless there is something else forming the agenda for the current challenge.

Recently, there has been another example of ‘sill dropping’ in the precinct (TH13) at the corner of Rattray and Cumberland Sts. Most people – heritage advocates included – would view the degree of change to sill height as rather subtle in the context of the overall historic heritage ‘Save’. But these details niggle aesthetes and the conscientious.

Is the effect (of design subtleties – a broad tradition….) to cumulatively – with more than minor effect – destroy ‘old’ townscape in the Vogel Street Heritage Precinct, other heritage and townscape precincts, and more widely across the central city —the ‘sense of place’ (held by ‘original’ built fabric) that District Plan policy and rules are designed to constrain, curbing overt changes to external building appearance?

How on earth did this happen at the council? Perhaps the challenge and subsequent ruling (win or lose) will ensure that all comers receive the same level of service in the adminstration of consents and conditions, and the intent of District Plan rules is more strictly adhered to by council planners.

Everyone is entitled to their day in court. The other hope is that DCC is meeting all of Mr Barnes’ legal costs.

If that was the fight advertised on page 1 today.

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OPTION ONE STAYED IN THE CONSENT DECISION …. Option one would have had a new sash and two panes of glass, instead of what was built.

### ODT Online Tue, 20 Jun 2017
Building owner baffled over court action
By David Loughrey
The owner of an award-winning Dunedin warehouse precinct building has been called to face the Environment Court in a case he described yesterday as “vexatious”. The court action calls on 123 Vogel St owner Chris Barnes to remove windows on the second floor and replace them with a design applicant Dunedin businessman John Evans says should have been built under the building’s resource consent. Court documents from Mr Barnes’ counsel describe the action as “utterly baffling”. Mr Barnes has questioned the intentions of Mr Evans, and the court documents ask who Mr Evans is representing, and whether he is “receiving funds from a third party”. Some people involved would not speak on the record but one claimed property interests in “the big end of town” were behind what they saw as an attack on the precinct. […] Mr Evans’ application referred to a condition in the resource consent.
Read more

Related Posts and Comments:
19.6.17 Vogel Street parking on a quiet Sunday afternoon #petroltheft
1.6.17 Oh noes! One adverse slip of the pen and it’s Over Rover #warehouseprecinct
3.2.17 MORE DCC bull dust and poor investment #Sammy’s
18.12.16 DCC set to take away CBD car parks without Economic Impact research
9.10.16 Vogel Street Party 2016 #randoms
3.10.16 Vogel Street Party 2016 #Dunedin
10.4.16 spilt milk, tears, Unnecessary
23.1.16 Zoning issues: Vogel Street activities
16.12.15 DCC: Restriction of Vehicles from Parts of Jetty Street DECLARED
18.11.15 SAVE Sammy’s (former His Majesty’s Theatre & Agricultural Hall)
24.10.15 DCC and the AWFUL 2GP ‘threat of THREATS’
7.10.15 Vogel Street Party —Sat, 10 October
17.3.15 Dunedin Heritage Re-use Awards
13.3.15 Making heritage work | Dunedin New Zealand
28.10.14 Dunedin’s “period architecture”, not so quaintly….
19.10.14 Dunedin: Randoms from inside warehouse precinct 18.10.14
15.10.14 Vogel St. Street Party | Saturday 18 Oct 3pm – 11pm [2014]
5.8.14 DCC staff-led CBD projects that impact ratepayers | consolidated council debt
22.6.14 Vogel Street Heritage Precinct (TH13)
13.7.13 Cities: Organic renewal3.3.11 Dunedin can provide vacant buildings, warehouses and offices #eqnz
8.3.13 Stupid bid for two-way highway ditched for now #DCC
31.10.12 Cull’s council takes business away from retailers
21.2.11 Dunedin Heritage: Central government should be contributing
19.2.11 Dunedin, are you ‘of a mind’ to protect Historic Heritage?
19.2.11 Reed Building, 75 Crawford Street for demolition?
7.4.10 DScene alerts commercial building owners to responsibilities
24.3.10 DScene features heritage/issues!

Posted by Elizabeth Kerr

This post is offered in the public interest.

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Zoning issues: Vogel Street activities

76 Vogel Street. Question to Dunedin City Council:
How did this activity happen without a publicly notified plan change?

The ‘warehouse precinct’ referred to in the restaurant’s marketing isn’t recognised by the current Dunedin City District Plan. The building is located within the LSR – Large Scale Retail Zone (see comparative district plan maps below), and the Vogel Street Heritage Precinct (TH13).

Vogel Street “remained zoned for large-scale retail uses, although it was proposed to become a mixed-use zone [the warehouse precinct] – allowing a wider variety of uses” – under the 2GP.

### ODT Online Sat, 23 Jan 2016
Objector to cafe’s licence slammed
By Chris Morris
A Dunedin businessman and his city councillor wife have been labelled “dinosaurs” amid claims they are deliberately standing in the way of the warehouse precinct’s regeneration. The criticism came after it was confirmed yesterday Alistair Broad, a commercial property owner and businessman, had filed an objection opposing the Vogel St Kitchen’s bid to renew its liquor licence.
Read more

Vogel St Kitchen webpage banner [screenshot]

In a former life, the popular Vogel St Kitchen (VSK) was the McIndoe printery. The old brick building has been strengthened and given a new lease of life as a two-level coffee house and licensed eatery. Restaurant proprietor Riah McLean and property owner Lawrie Forbes commissioned a mural by London-based street artist Phlegm for the south exterior wall, visible from the street.

“Dunedin’s coolest destination cafe situated in the heart of the Warehouse Precinct. If you like your coffee and dining to have character and spirit come and check us out.” (publicity)

█ Website: www.vogelstkitchen.co.nz
76 Vogel Street, Dunedin 9016

Posted by Elizabeth Kerr

Vogel St Kitchen exterior detail

District Plan Maps (2GP) – Compare existing and Second Generation District Plan maps:
District Plan Maps (2GP) - Compare existing and Second Generation District Plan maps

DCC Webmap - 76 Vogel Street, Dunedin [VSK]DCC Rates Information

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DCC consents subdivisions without full consultation on stormwater & drainage

Guidelines on the New Zealand Bill of Rights Act 1990
Introduction to sections 27(1) to 27(3): The right to justice Link

Introduction to sections 27(1) to 27(3): The right to justice
Section 27(1) The right to the observance of the principles of natural justice
Section 27(2) The right to a judicial review of determinations
Section 27(3) Proceedings involving the Crown same as proceedings between individuals

█ RE: COUNCIL LIABILITY AND RISK | COST TO PROPERTY OWNERS AND RATEPAYERS —Non-notified v Notified Resource Consents

GUILTY PARTIES:
Mayor and Councillors, Hearings Committee, Chair of Infrastructure Services Committee, Chief Executive, General Manager Infrastructure and Networks, General Manager Services and Development, Group Manager Water and Waste, City Planning, City Development Team, Resource Consents Team et al.

ODT 12.9.15 (page 30)

ODT 12.9.15 Letters to editor Baldwin Lewis Poole p30

Related Posts and Comments:
27.8.15 DCC: Non-notified … consent Leith Valley 19-lot subdivision #ULCA
7.6.12 Dunedin stormwater: more differences between ORC and DCC
[240 Portobello Road and more]

Posted by Elizabeth Kerr

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Esco —‘just the global hardball player we always were’, sorry staff….

Esco Dunedin was among a group of neighbouring businesses objecting to Russell Lund’s plans to redevelop the 142 year old Loan and Mercantile building, citing reverse sensitivity concerns, including over noise. The outcome of Environment Court mediation talks was yet to be revealed, but Mr Kershaw said the issue played no part in the company’s decision. (ODT)

### ODT Online Wed, 2 Sep 2015
Foundry closure ‘a blow’
By Chris Morris
Australia’s mining downturn is set to deliver a “real blow” to Dunedin’s economy with the closure of the Esco foundry and the loss of dozens of jobs. Staff at Esco Dunedin were told yesterday the foundry would close by the end of the year, with the loss of 34 jobs. Esco products division president Jeff Kershaw, of Portland, in the United States, said in a statement the decision reflected a downturn in Australia’s mining industry that showed no sign of letting up.
Read more

TWO THINGS

█ Remember when Esco pushed this button (highlighted) at the NZ Loan and Mercantile Building resource consent hearing:

ODT Online 20.8.14 'Demolition threatened; job loss possibility raised' [screenshot] 1
ODT Online [screenshot]

█ From file records, see Russell Lund’s percipient closing to hearing:

[para] 102. The biggest hurdle would seem to be the decline of the Australian coal mining industry. I refer to a Guardian article May 5, 2014 Australian Coalmining entering structural decline.

116. Esco have a large foundry operation in China. They employ 675 people in China.

117. I am very sure the production costs of Esco’s Chinese foundries are markedly less than in Dunedin, Portland or anywhere else. That is the ticking clock for the Dunedin foundry, and other Esco foundries.

118. The bottom line is that Esco will operate this small Dunedin foundry only as long as it serves their shareholders’ interests. If the market conditions dictate that consolidation is required and it is surplus to requirements, then they will act swiftly, as they did in Brisbane.

LUC-2014-259 RV Lund Applicant Right of Reply 22.9.14
(PDF, 6 MB)

Related Posts and Comments:
6.8.15 NZ Loan and Mercantile Building —meeting tomorrow
13.3.15 Making heritage work | Dunedin New Zealand
7.1.15 Industrial Heritage Save: Cowes Hammerhead crane
28.11.14 NZ Loan and Mercantile Building —Resource Consent granted
26.11.14 Retraction (see comment on ‘Heritage Counts’)
● 26.9.14 NZ Loan and Mercantile Building —what ESCO said!
30.8.14 NZ Loan and Mercantile Building: Looking round at potential
18.8.14 NZ Loan and Mercantile Building #randomsmartphonepix (interiors)
17.8.14 Public Notices: NZ Loan and Mercantile Building… (site tour, hearing)
13.8.14 Chamber’s Own Goals —Heritage (letters)
11.8.14 NZ Loan and Mercantile Building (audio)
8.8.14 NZ Loan and Mercantile Agency Co Ltd Building…
18.3.14 Dunedin Harbourside: English Heritage on portside development
21.10.13 Harbourside: Access to a revamped Steamer Basin has public backing
16.3.10 Public meeting: planning the future of Dunedin heritage buildings
24.10.09 Rodney Wilson: Dunedin as national heritage city

█ For more, enter the terms *loan and mercantile*, *heritage*, *bradken* or *harbourside* in the search box at right.

Posted by Elizabeth Kerr

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DCC: Non-notified resource consent Leith Valley 19-lot subdivision #ULCA

259 Malvern Street Dunedin (LUC-2014-631)
This consent was an application to/for earthworks to form building platforms for 19-lot residential subdivision at 259 Malvern Street Dunedin. This was considered by the Council’s Senior Planner (Consents) on 1 January 2008.

DCC Non-notified Consent Decisions (2015) LUC-2014-631 [page 8 as at 26.8.15]
Source: DCC Non-notified Consent Decisions, page 8 as at 26.8.15

DCC Webmap - 259 Malvern Street (JanFeb 2015)DCC Webmap – 259 Malvern Street (Jan/Feb 2013)

Received from Jeff Dickie (Woodhaugh)
Wed, 26 Aug 2015 at 10:10 a.m.

Subject: dodgy valuations

There’s a 19-lot subdivision underway in Malvern Street, just past the bridge after Patmos Avenue. What makes this odd is that it was granted non-notified consent.

There is a ground swell of anger that this has been allowed. None of the residents knew anything about it until it was through.

It also appears to be within Dunedin’s Leith Valley Urban Landscape Conservation Area [ULCA24], that incidentally was foisted on me. I spent $25,000 fighting this including appealing to the Environment Court. I employed a QC, a barrister and an Environmental Planner. In summary, the Judge said I had a right to feel aggrieved. However, he was reluctant to make a ruling that could potentially open the floodgates to other cases against a local authority [DCC].

It meant people like me, and all the other affected re-zoned owners were privately funding a public visual amenity, a de facto reserve.

The reason I felt so aggrieved is that it has happened to me before with an eight and a half acre section directly opposite Millbrook in Queenstown. My partners and I have owned this for about 26 years and have been obstructed for that entire time. Surrounding us everywhere is quite intensive development and ours remains an island of undeveloped land. Our intentions had been for very restrained use, unlike our more successful neighbours, who are clearly “better connected” than us!

The Leith Valley case is odd. The ULCA was supposed to protect the rocky escarpment and bush area and the latest development doesn’t do that.

I’m not certain, but I’ve been told the developer is John Dunckley, a valuer.
He used to live on-site but now lives in Motueka. Ironically, he objected to a neighbour’s subdivision on the grounds of spoiling his view. One has to wonder how on earth this was granted by the DCC. A reward for favours past?

John Dunckley is the ‘stadium valuer’. He put the eye-watering $225M value on the just completed well over budget stadium. That in effect validated the cost overruns.

[ends]

It appears the developer Dunckley has chosen to push through with subdivision prior to public consultation of the proposed 2GP this year. Very possibly, the existing overlay of ULCA24 should have been one of the factors necessitating full public notification of the application for (land use) consent. The decision should be investigated or challenged due to the number of potentially affected / interested parties not made formally aware of the land owner’s or indeed the city council’s (covert) process and intentions.

DCC Rates Book - 259 Malvern Street - Three Hills Limited

Ratepayer: Three Hills Limited

NZ Companies Register:
THREE HILLS LIMITED 5547070
Incorporation Date: 23 Dec 2014
Company Status: Registered
Registered Office: 147b Redwood Valley Road, Rd 1, Richmond 7081
Address for service: 147b Redwood Valley Road, Rd 1, Richmond 7081

Directors (1 of 1):
John DUNCKLEY – 259 Malvern Street, Glenleith, Dunedin 9010

Total Number of Shares: 100
Shareholders in Allocation:
Allocation 1: 100 shares (100.00%)
John DUNCKLEY – 259 Malvern Street, Glenleith, Dunedin 9010
Ellen Jane DUNCKLEY – 259 Malvern Street, Glenleith, Dunedin 9010
Stuart James MCLAUCHLAN – 3 Walsh Lane, Maori Hill, Dunedin 9010

Subject Site at Leith Valley [screenshot]
DCC Compare Existing and Second Generation District Plans [259 Malvern Street + ULCA24]

█ For interactive comparative maps, go to District Plan Maps

Definition (Dunedin City District Plan):
Urban Landscape Conservation Areas – means those areas addressed in the Townscape Section and identified on the District Plan Maps which provide a landscape setting for the urban areas.

Dunedin City District Plan Volume 1
District Plan – Section 3: Definitions
District Plan – Section 13: Townscape

Dunedin City District Plan 13.8 ULCA

Source: Townscape, page 13:47 [screenshot]

█ The 2GP appears to reduce Dunedin City’s biodiversity in residential areas due to Dunedin City Council’s unconstrained support for private speculator/developers to subdivide property holdings and intensify/densify construction, resulting in the removal of existing ULCAs from significant and potentially regenerative conservational environments.

DCC on Natural Environment and Biodiversity
– in reference to the proposed second generation district plan (2GP)

Review of Urban Landscape Conservation Areas
A review of Urban Landscape Conservation Areas (ULCA) has determined that it has been applied in most cases to public reserves. A large number of these reserves are sports grounds with limited vegetation cover and do not meet the intent of a ULCA. Instead the ULCA Zone has functioned as a default reserves zone. The preferred approach in the new Plan [2GP] is to zone large reserves as part of a new Recreation Zone which will better recognise the values of reserves (refer to Q&A: Community and Recreation Activities). This will reduce the need to include such areas as a ULCA.

The approach to be taken with reserves in the 2GP provides an opportunity to reconsider the remaining ULCA areas and whether there are alternative approaches. Some large reserves, such as the Dunedin Town Belt contain extensive areas of vegetative cover that play a significant role in providing corridors for biodiversity and these values need to be recognised with a method that manages biodiversity. The ULCA also includes areas of private land, generally the vegetated steep sides of valleys or gullies, such as the Leith Valley, that provide biodiversity corridors. It is proposed to recognise their values in any method that manages biodiversity.
DCC Link

Posted by Elizabeth Kerr

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NZ Loan and Mercantile Building —meeting tomorrow

IMG_5604a11bw12a

“You can’t be too confident, but if we’re all reasonable I think an agreement is definitely within reach.” –Russell Lund

Farra Engineering chief executive John Whitaker agreed yesterday when contacted there had been “good work” during mediation.

### ODT Online Thu, 6 Aug 2015
Extra conditions may rescue project
By Chris Morris
Plans to breathe new life into Dunedin’s historic Loan and Mercantile building could be about to take a significant step forward. Building owner Russell Lund will meet a group of neighbouring harbourside businesses, as well as Dunedin City Council and Otago Chamber of Commerce representatives, tomorrow to discuss the stalled project.
Read more

Related Posts and Comments:
13.3.15 Making heritage work | Dunedin New Zealand
28.11.14 NZ Loan and Mercantile Building —Resource Consent granted (pics)
26.11.14 Retraction (see comment on ‘Heritage Counts’)
26.9.14 NZ Loan and Mercantile Building —what ESCO said!
30.8.14 NZ Loan and Mercantile Building: Looking round at potential
18.8.14 NZ Loan and Mercantile Building #randomsmartphonepix (interiors)
17.8.14 Public Notices: NZ Loan and Mercantile Building… (site tour, hearing)
13.8.14 Chamber’s Own Goals —Heritage (letters)
11.8.14 NZ Loan and Mercantile Building (audio)
8.8.14 NZ Loan and Mercantile Agency Co Ltd Building…
18.3.14 Dunedin Harbourside: English Heritage on portside development
21.10.13 Harbourside: Access to a revamped Steamer Basin has public backing
24.10.09 Rodney Wilson: Dunedin as national heritage city

█ For more, enter the terms *harbourside*, *heritage* or *lund* in the search box at right.

[click image to enlarge]

Post/image by Elizabeth Kerr

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DCC Residents’ Opinion Survey (ROS)

Dunedin City Council – Media Release
Tell Us What You Think!

This item was published on 23 Jun 2015

Letters have been sent this week to 4500 Dunedin residents inviting them to take part in the Dunedin City Council’s annual Residents’ Opinion Survey (ROS).

DCC General Manager Services and Development Simon Pickford says, “The ROS provides valuable feedback on what Dunedin residents think of their Council and the services and facilities we provide. It is particularly useful as it allows us to hear from the ‘silent majority’ of residents who are less likely to tell us what they think in other ways, such as the Long Term Plan consultation.”

The 4500 residents, randomly selected from the electoral roll, will be invited to complete the ROS online using a unique code. A hard copy questionnaire will be provided on request.

The survey is also open to other residents, who can fill out the survey at http://www.dunedin.govt.nz/ros.

Everyone who provides feedback will have the opportunity to enter a draw to win one of five $100 supermarket vouchers.

The survey is open until 17 July 2015. A reminder letter will be sent to those who have not responded about two weeks after the initial letter. This practice has proved successful in increasing the response rate. The survey results are expected to be publicly available by late August.

Mr Pickford says, “We have been using this survey for more than 20 years and it has become a key tool for us to assess how well we are doing and ultimately guide our planning and decision making. ROS focuses on how well we deliver our services and asks questions about residents’ perceptions of our performance. Some of the results are used as official measures of the DCC’s performance for audit purposes. But equally importantly, the feedback is used by staff and the Council to guide our thinking about how we might best deliver services to better meet the needs of Dunedin residents.”

The survey, which costs about $40,000, will be undertaken by independent research company Versus Research.

The results of previous surveys can be viewed at http://www.dunedin.govt.nz/ros.

Contact Simon Pickford, General Manager Services and Development on 03 474 3707.

DCC Link

Posted by Elizabeth Kerr

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